| People v Andre Allen |
| Motion No: 527439 |
| Slip Opinion No: 2018 NY Slip Op 87927(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, 2018527439
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v 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, without costs, and Brian M. Quinn, Esq., c/o Tabner Ryan & Keniry LLP, 18 Corporate
Woods Blvd., Albany, NY 12211, 518-465-9500, 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 Saratoga 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., Mulvey and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court