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

DOCKET NO. CA 13-01838
(Index No. 511-2013.)

IN THE MATTER OF ERIC PEREZ, PETITIONER-APPELLANT, V JAMES HESSEL, SUPERINTENDENT OF COLLINS CORRECTIONAL FACILITY, AND BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

Petitioner having moved for permission to appeal to this Court from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Livingston on September 12, 2013, for permission to proceed as a poor person, and for assignment of counsel on the appeal,

Now, upon reading and filing the affidavits of Eric Perez sworn to October 4, 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 is denied insofar as it seeks permission to appeal to this Court on the ground that petitioner can appeal as of right from the judgment (see CPLR 5701 [a]), and

It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, and the motion is otherwise denied, and

It is further ORDERED that the Clerk of the County of Livingston is hereby directed to provide appellant 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.

Memorandum: Assignment of counsel is not available. Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).

Entered: December 18, 2013

Frances E. Cafarell, Clerk