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

DOCKET NO. CA 16-00709
(Index No. 2015-000092.)

IN THE MATTER OF JAMES ADAMS, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.

Petitioner having moved for leave to appeal to this Court, pursuant to CPLR 5701 (c), a judgment (denominated "Memorandum Decision and Order") of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 25, 2016, and for poor person relief,

Now, upon reading and filing the affidavits of James Adams sworn to April 10, 2016, and April 25, 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 it seeks leave to appeal to this Court the order entered August 25, 2016, is denied as unnecessary on the ground that petitioner has an appeal as of right from the judgment (denominated "Memorandum Decision and Order") (see CPLR 5701 [a] [1]), and

It is further 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 Erie 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.

Entered: May 23, 2016

Frances E. Cafarell, Clerk