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

DOCKET NO. KAH 17-01763

THE PEOPLE OF THE STATE OF NEW YORK EX REL., CONSTANTINEE L. JACKSON, PETITIONER-APPELLANT, V M. KIRKPATRICK, SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Petitioner having moved for leave to appeal from a judgment of the Supreme Court, Onondaga County, dated June 13, 2017, having moved for permission to proceed as a poor person, having moved for assignment of counsel, and having moved to vacate dismissal of the appeal,

Now, upon reading and filing the affidavits of Constantinee L. Jackson sworn to July 6, 2017, September 7, 2017, and October 3, 2017, and the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person, and

It is further ORDERED that the Clerk of the County of Onondaga is hereby directed to provide petitioner 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 is denied insofar as it seeks leave to appeal to this Court on the ground that, so long as petitioner's motion was timely, it appears petitioner can appeal as of right from the judgment (see CPLR 5514 [a]; 7011), and

It is further ORDERED that the motion is dismissed insofar as it seeks assignment of counsel, with leave to renew after petitioner timely files and serves a notice of appeal, and

It is further ORDERED that the motion is dismissed as premature insofar as it seeks to vacate dismissal of the appeal.

Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).

Entered: October 23, 2017

Mark W. Bennett, Clerk