| People v Justin Gonzalez |
| Motion No: 109818 |
| Slip Opinion No: 2018 NY Slip Op 87860(U) |
| Decided on November 1, 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: November 1, 2018109818
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v (Ind. No. I-037-2017) 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, and G. Scott Walling, Esq., 1972 New Scotland Road #1013, Slingerlands, NY 12159, 518-832-9257,
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 Washington 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, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Mulvey and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court