| IN THE MATTER OF WILLIAM MCKETHAN V DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY |
| Motion No: CA 14-01806 |
| Slip Opinion No: 2014 NY Slip Op 94660(U) |
| Decided on March 12, 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, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 14-01806
| IN THE MATTER OF WILLIAM MCKETHAN, PETITIONER-APPELLANT, V
DAVID STALLONE, SUPERINTENDENT OF CAYUGA CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on August 29, 2014, on less than the required number of records and for other relief,
Now, upon reading and filing the affidavit of William McKethan sworn to February 9, 2015, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to proceed on less than the required number of records is dismissed inasmuch as appellant has already been granted permission to proceed as a poor person, which allows appellant to perfect the appeal upon, among other things, filing one copy of the complete stipulated or settled record with proof of service of one copy on each party to the appeal, and the motion is otherwise denied (see 22 NYCRR 1000.3 [c] [2]; 1000.14 [c]).
Entered: March 12, 2014
Frances E. Cafarell, Clerk