THE PEOPLE EX REL., SHAQUILL BATTLE V PATRICK O'FLYNN, AS THE SHERIFF OF MONROE COUNTY
Motion No: KAH 14-00771
Slip Opinion No: 2014 NY Slip Op 78108(U)
Decided on July 16, 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.


July 16, 2014

PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND SCONIERS, JJ.

KAH 14-00771
Index No: 2014-2725

THE PEOPLE OF THE STATE OF NEW YORK EX REL.,

SHAQUILL BATTLE, PETITIONER-APPELLANT,

V

PATRICK O'FLYNN, AS THE SHERIFF OF MONROE COUNTY,

RESPONDENT-RESPONDENT.


Appellant having moved for permission to proceed as a poor person on the appeal taken from a judgment (denominated decision and order) of the Monroe County Court, entered April 4, 2014,

Now, upon reading and filing the affidavit of Shaquill Battle sworn to June 10, 2014, the notice of motion with proof of due service thereof, the statement of Robert P. Yawman, III, Esq. dated June 25, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the pro se appeal dated June 6, 2014 is hereby deemed timely filed and served, and

It is further ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Shaquill Battle with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based.

Entered: July 16, 2014

Frances E. Cafarell, Clerk