PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 16-00213

IN THE MATTER OF MARC PAYEN, PETITIONER, V NEW YORK STATE BOARD OF PAROLE, RESPONDENT.

Petitioner having moved for permission to proceed as a poor person and for leave to appeal to this Court a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Oneida on December 17, 2015,

Now, upon reading and filing the affidavits of Marc Payen sworn to January 29, 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 for permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Oneida 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 that petitioner has an appeal as of right from the judgment (denominated "decision and order") (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 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: March 2, 2016

Frances E. Cafarell, Clerk