Appellate Division: Second Judicial Department

M188091

E/mv

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2014-09038 The People, etc., ex rel. Nikko Simmons, appellant, v Superintendent, Fishkill Correctional Facility, respondent. (Index No. 3803/14)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Dutchess County, dated August 15, 2014, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,

ORDERED that pursuant to statute (see CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant's attorney and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant's counsel is directed to turn over said transcripts to the respondent when counsel serves the appellant's brief upon respondent; and it is further,

ORDERED that pursuant to statute (Judiciary Law § 35), the following named attorney is assigned as counsel to prosecute the appeal:

Robert S. Dean, Esq.

120 Wall Street, 28th Floor

New York, N.Y. 10005

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that payment of the filing fee is waived.

RIVERA, J.P., DICKERSON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court