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

DOCKET NO. CA 13-00996
(Index No. 10-38175)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V ANTHONY NERVINA, RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Orleans on May 8, 2013,

Now, upon reading and filing the affidavit of Anthony Nervina sworn to May 9, 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 permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted, and Mark C. Davison, Esq., P.O. Box 652, 61 N. Main Street, Suite C, Canandaigua, NY 14424, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Orleans is hereby directed to provide Mark C. Davison, Esq., with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeal is based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeal.

Entered: July 30, 2013

Frances E. Cafarell, Clerk