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

DOCKET NO. CA 15-00050

IN THE MATTER OF SALVATORE F. GIANNI, PETITIONER-APPELLANT, V TINA M. STANFORD, NEW YORK STATE EXECUTIVE PAROLE COMMISSIONER, RESPONDENT-RESPONDENT.

Petitioner having moved for leave to appeal to this Court from a judgment (denominated order) of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on September 23, 2014, and for permission to proceed as a poor person,

Now, upon reading and filing the affidavits of Salvatore Gianni sworn to January 5, 2015, the notice of motion with proof of service thereof, and all documents enclosed therewith, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Cayuga 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 this proceeding 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 motion insofar as it seeks leave to appeal to this Court is denied on the ground that, so long as petitioner's motion is timely, it appears petitioner has an appeal as of right from the judgment (see CPLR 411; 5701 [a] [1]).

Memorandum: When "a motion for permission to appeal is made and such . . . motion

is denied and, except for time limitations in section 5513, some other method of taking an appeal or of seeking permission to appeal is available, the time limited for such other method shall be computed from the . . . denial" (CPLR 5514 [a]).

Entered: January 27, 2015

Frances E. Cafarell, Clerk