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

KAH 16-00883
Index No.: 2015-013631

THE PEOPLE OF THE STATE OF NEW YORK EX REL., BRIAN ALEXANDER WALKER, PETITIONER-APPELLANT, V PATRICK M. O'FLYNN, RESPONDENT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken from an order and decision of Monroe County Court dated December 29, 2015 and entered December 31, 2015,

Now, upon reading and filing the affidavit of Brian Alexander Walker sworn to January 14, 2016, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks assignment of counsel is denied (see Judiciary Law § 35 [1] [a]), and

It is further ORDERED that the motion insofar as it seeks poor person relief is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Brian Alexander Walker with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that said briefs are to be filed and served on or before October 13, 2016, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).

Entered: June 20, 2016

Frances E. Cafarell, Clerk