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

DOCKET NO. CA 16-01091

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V SCOTT WINKLER, RESPONDENT-APPELLANT. (INDEX NO. C5835.)

Appellant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on May 31, 2016, and for other relief,

Now, upon reading and filing the affidavit of Scott Winkler sworn to June 14, 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 motion insofar as its seeks assignment of counsel is granted and Gary Muldoon, Esq., 144 Exchange Blvd., Suite 402, Rochester, NY 14614, is hereby assigned as appellant's counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Oneida is hereby directed to provide Gary Muldoon, Esq., 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: July 28, 2016

Frances E. Cafarell, Clerk