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

KAH 14-02095

THE PEOPLE OF THE STATE OF NEW YORK EX REL., CEDRICK L. MITCHELL, PETITIONER-APPELLANT, V PATRICK M. O'FLYNN, SHERIFF OF THE COUNTY OF MONROE, RESPONDENT. Index No: 2014/011206

Petitioner having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from an order of Monroe County Court, dated November 2, 2014 and entered November 6, 2014,

Now, upon reading and filing the affidavit of Cedrick L. Mitchell sworn to November 12, 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 insofar as it seeks assignment of counsel is denied (see Judiciary Law § 35 [1] [a]), and

It is further ORDERED that the pro se notice of appeal served on November 12, 2014 is deemed timely served, and

It is further ORDERED that petitioner shall file said notice of appeal on or before January 8, 2015, upon all necessary parties (see CPLR 5520 [a]), and

It is further ORDERED that the motion insofar as it seeks poor person relief 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 if the notice of appeal is timely filed on or before January 8, 2015, that the Clerk of the County of Monroe is hereby directed to provide Cedrick L. Mitchell 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: December 9, 2014

Frances E. Cafarell, Clerk