| THE PEOPLE EX REL. V RANDY K. JAMES, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY |
| Motion No: KAH 13-00417 |
| Slip Opinion No: 2013 NY Slip Op 74551(U) |
| Decided on May 17, 2013 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KAH 13-00417
DOMINIC M. FRANZA (92-A-3659), PETITIONER,
Index No: 747-2012
| THE PEOPLE OF THE STATE OF NEW YORK EX REL., V
RANDY K. JAMES, SUPERINTENDENT, LIVINGSTON CORRECTIONAL FACILITY, RESPONDENT. |
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order and judgment of Supreme Court, Livingston County dated January 2, 2013, and entered January 15, 2013,
Now, upon reading and filing the affidavit of Dominic M. Franza sworn to February 6, 2013, the statement of Dominic M. Franza dated April 15, 2013, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and
It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide Dominic Franza with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that said briefs are to be filed and served on or before December 5, 2013, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR.
Entered: May 17, 2013
Frances E. Cafarell, Clerk