People v Kelly J. Burke

Motion No: 518832

Slip Opinion No: 2014 NY Slip Op 73436(U)

Decided on May 27, 2014

Appellate Division, Third 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.

Decided and Entered: May 27, 2014518832

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v KELLY J. BURKE (CA 825-13) Appellant.

DECISION AND ORDER ON MOTION

Motion for permission to proceed on appeal as a poor person and for assignment of counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the motion is granted, and the appeal shall be perfected in accordance with articles 55, 56 and 57 of the CPLR and section 800.4 (c) of this Court's Rules of Practice, and it is further

ORDERED that James P. Milstein, Esq., Albany County Public Defender, 60 So. Pearl St., 4th Flr., Albany, NY 12207-2021, (518) 447-7150, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the office of the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which appellate counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., McCarthy, Garry and Rose, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court