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

DOCKET NO. CA 18-01355
(INDEX NO. 2014-1177.)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT, V DONALD G., RESPONDENT-APPELLANT.

Appellant having moved for permission to proceed as a poor person and for 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 Cayuga on June 29, 2018,

Now, upon reading and filing the affidavit of Donald G. sworn to July 18, 2018, the statement of Adam H. Van Buskirk, Esq., dated July 24, 2018, 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 motion insofar as it seeks assignment of counsel is granted to the extent that Gary Muldoon, Esq., 144 Exchange Blvd., Suite 400, Rochester, New York 14614, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Clerk of the County of Cayuga is hereby directed to provide Gary Muldoon, Esq. with copies of all papers and 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 17, 2018

Mark W. Bennett, Clerk