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

DOCKET NO. CA 16-01351

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V STEVEN MATYAS, JR., RESPONDENT-APPELLANT. (INDEX NO. 80125.)

Appellant having moved for permission to proceed as a poor person on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cattaraugus on May 4, 2016,

Now, upon reading and filing the affidavit of Steven Matyas, Jr. sworn to July 21, 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 Kathryn B. Friedman, Esq., P.O. Box 200, Buffalo, New York 14222 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 Cattaraugus is hereby directed to provide Kathryn B. Friedman, 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: August 23, 2016

Frances E. Cafarell, Clerk