| IN THE MATTER OF DAMECHA HARRIS V ANTHONY ANNUCCI, ACTING COMMISSIONER DEPARTMENT OF CORRECTIONS AND COMMUNITY |
| Motion No: CA 17-01800 |
| Slip Opinion No: 2017 NY Slip Op 94777(U) |
| Decided on November 30, 2017 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01800
| IN THE MATTER OF DAMECHA HARRIS, PETITIONER-APPELLANT, V
ANTHONY ANNUCCI, ACTING COMMISSIONER DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, PAUL GONYEA, SUPERINTENDENT,
MOHAWK CORRECTIONAL FACILITY, LT. JUDWAY AND ACTING CAPTAIN, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person and for leave to appeal the judgment (denominated "decision, order and judgment") of the Supreme Court entered in the Office of the Clerk of the County of Oneida on May 17, 2017,
Now, upon reading and filing the affidavit of Damecha Harris sworn to September 7, 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 the motion insofar as it seeks leave to appeal is denied on the ground that, so long as petitioner's motion was timely, it appears petitioner has an appeal as of right from the judgment (denominated "decision, order and judgment") (see CPLR 411; 5701 [a] [1]).
Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: November 30, 2017
Mark W. Bennett, Clerk