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

DOCKET NO. CA 17-01872

IN THE MATTER OF KEVIN PHILLIP, PETITIONER-APPELLANT, V BARRY MCARDLE, SUPERINTENDENT, WATERTOWN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Jefferson on July 25, 2017, and having moved to vacate or reverse said judgment pursuant to CPLR 5701 (a),

Now, upon reading and filing the affidavits of Kevin Phillip sworn to October 18, 2017, 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 permission to proceed as a poor person is granted, and

It is further ORDERED that the Clerk of the County of Jefferson 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, and

It is further ORDERED that the motion insofar as it seeks to reverse or vacate the judgment appealed is denied, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.

Memorandum: Assignment of counsel is not available.

Entered: November 30, 2017

Mark W. Bennett, Clerk