PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 12-02396

IN THE MATTER OF JAMES ADAMS, PETITIONER-APPELLANT, V SUPERINTENDENT BOLLINIER, OF FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appellant having moved to vacate the dismissal of the appeal and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on July 5, 2012, and having moved for other relief,

Now, upon reading and filing the affidavit of James Adams sworn to May 13, 2013, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the appeal is granted, on the condition that appellant perfects the appeal on or before August 19, 2013, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Assignment of counsel is not available. It is appellant's obligation to request a transcript and other documents relating to the appeal from the Seneca County Clerk's Office pursuant to this Court's order entered January 23, 2013, granting appellant permission to proceed as a poor person (see 22 NYCRR 1000.14 [b]). It is also appellant's obligation either to stipulate to or move in Supreme Court to settle the record (see 22 NYCRR 1000.4 [a] [1]).

Entered: June 20, 2013

Frances E. Cafarell, Clerk