| People v Ahijah Foster |
| Motion No: 110556 |
| Slip Opinion No: 2018 NY Slip Op 86614(U) |
| Decided on October 16, 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 16,
2018110556
THE PEOPLE OF THE STATE OF NEW YORK,
v (Ind. No. 2017-053O) 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 the papers filed in response 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 St. Lawrence 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 St. Lawrence 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., Devine, Rumsey and
Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court