| People v John M. Nack |
| Motion No: 110550 |
| Slip Opinion No: 2018 NY Slip Op 85482(U) |
| Decided on October 4, 2018 |
| Appellate Division, Third 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. |
Decided and Entered: October 4,
2018110550
THE PEOPLE OF THE STATE OF NEW YORK,
v (Ind. No. 2015-047) Appellant. | DECISION AND ORDER ON MOTION |
Motion for permission to proceed on appeal as a poor person and for
assignment of counsel.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, Kelly L. Egan, Esq., Appeals Director, Rural Law Center of New York, 1528 Columbia
Turnpike, Castleton, NY 12033, 518-477-7137, having been designated by Otsego County, is assigned to represent appellant
upon this appeal pursuant to County Law section 722, and it is further
ORDERED that
the appeal shall be perfected by the appendix method in accordance with section 1250.5 (c) of the
Practice Rules of the Appellate Division and, in addition to the requirements of 1250.9 (a) (2) of
the Practice Rules of the Appellate Division, counsel is directed to file with the Clerk of this
Court, with proof of service of a copy upon respondent, one hard copy of the record on appeal,
which has been stipulated to pursuant to CPLR 5532, certified pursuant to CPLR 2105 after
providing 20 days notice to respondent, or settled by the court from which the appeal is taken,
and it is further
ORDERED that pursuant to section 850.11 (a) of this Court's
Rules of Practice, the Otsego County Court Clerk shall furnish to appellate counsel one copy of
the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any
other paper or document on file in that office which is material and relevant to this appeal, except
those portions which appellate counsel or the court from which the appeal is taken determines are
unnecessary for perfection of the appeal, and to forward forthwith the other copy of said
transcripts to the Clerk of this Court, and the transcripts shall be omitted from the hard copy and
the digital copy of the record, and it is further
ORDERED that if the appeal is not
perfected within 60 days of the date of this decision and order, appellate counsel shall move on
notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Lynch and
Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court