People v Donald E. Foley

Motion No: 109883

Slip Opinion No: 2018 NY Slip Op 91844(U)

Decided on December 24, 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 24, 2018109883

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DONALD E. FOLEY, (SCI No. 5-S-171491) 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, and Lindsay H. Kaplan, Esq., P.O. Box 4062, Kingston, NY 12402, 845-331-3258, 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 Clinton 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., Devine, Clark and Rumsey, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court