| People v Kurtiss S. Walters |
| Motion No: 527614 |
| Slip Opinion No: 2018 NY Slip Op 90216(U) |
| Decided on December 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: December 4, 2018 527614
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 Michael T. Baker, Acting Broome County Public Defender, P.O. Box
1766, Binghamton, NY 13902, 607-778-2403, 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 section 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 Broome 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., Lynch, Mulvey and Aarons, JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court