| IN THE MATTER OF THE APPLICATION OF MATTHEW J. ROACH V KEVIN WALSH, ONONDAGA COUNTY SHERIFF, AND PEOPLE, WILLIAM J. |
| Motion No: KAH 14-00742 |
| Slip Opinion No: 2014 NY Slip Op 73972(U) |
| Decided on May 30, 2014 |
| 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 14-00742
Index No: 2013-1885
CA 14-00744
Index No: 2013-4160
KA 13-02164
Indictment No: 2013-0329-1
| IN THE MATTER OF THE APPLICATION OF MATTHEW J. ROACH,
PETITIONER-APPELLANT, V KEVIN WALSH, ONONDAGA COUNTY SHERIFF, AND PEOPLE OF THE STATE OF NEW YORK, WILLIAM J.
FITZPATRICK, ONONDAGA COUNTY DISTRICT ATTORNEY, RESPONDENTS-RESPONDENTS. IN THE MATTER OF THE APPLICATION OF
MATTHEW J. ROACH, PETITIONER-APPELLANT, V PEOPLE OF THE STATE OF NEW YORK, WILLIAM J. FITZPATRICK, ONONDAGA
COUNTY DISTRICT ATTORNEY, ET AL., RESPONDENTS-RESPONDENTS. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V
MATTHEW ROACH, DEFENDANT-APPELLANT. |
Petitioner having moved for permission to proceed as a poor person and for assignment of counsel for the appeal taken from the judgment (denominated order and judgment) of Supreme Court, Onondaga County entered August 8, 2013 (CA 14-00744), and for other relief,
Now, upon reading and filing the affidavits of Matthew J. Roach sworn to March 26, 2014 and January 6, 2014, 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 insofar as it seeks permission to proceed as a poor person for the appeal taken from the judgment (denominated order and judgment) of Supreme Court, Onondaga County entered August 8, 2013 (CA 14-00744), and
It is further ORDERED that the Clerk of the County of Onondaga 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 taken from the judgment (denominated order and judgment) of Supreme Court, Onondaga County entered August 8, 2013 (CA 14-00744) 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, and
It is further ORDERED that the appeal taken from the judgment (denominated order and judgment) of Supreme Court, Onondaga County entered May 7, 2013 is dismissed (KAH 14-00742) (see People ex rel Teishman v Riordan 36 AD3d 504), and
It is further ORDERED that the motion is otherwise denied.
Entered: May 30, 2014
Frances E. Cafarell, Clerk