| IN THE MATTER OF NEB MORROW, III V ANTHONY ANNUCCI, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 16-00159 |
| Slip Opinion No: 2016 NY Slip Op 65370(U) |
| Decided on February 25, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-00159
(INDEX NO. 2015-0561.)
| IN THE MATTER
OF NEB MORROW, III, PETITIONER, V ANTHONY ANNUCCI,
COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
RESPONDENT. |
Petitioner having moved for permission to proceed as a poor person, permission to file less than the required number of briefs, and for leave to appeal a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on November 9, 2015,
Now, upon reading and filing the affidavit and statements of Neb Morrow, III sworn to December 30, 2015, dated December 10, 2015, and December 30, 2016, 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 its 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 the appeal 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 is denied on the ground that, so long as petitioner's motion was timely, it appears petitioner has an appeal as of right from the judgment (denominated "decision and order") (see CPLR 411; 5701 [a] [1]), and
It is further ORDERED that the motion insofar as it seeks permission to file less than the required number of briefs is denied.
Memorandum: When "a motion for permission to appeal is made and such . . . motion is denied and, except for time limitations in CPLR 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" (see CPLR 5514 [a]).
Entered: February 25, 2016
Frances E. Cafarell, Clerk