In the Matter of the Application of Wayne C. James

Motion No: M-5366

Slip Opinion No: 2019 NYSlipOp 60531(U)

Decided on January 10, 2019

Appellate Division, First 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.

January 10, 2019

In the Matter of the Application of

Wayne C. James,

Petitioner-Appellant,

For a Judgment Pursuant to Article 78

of the Civil Practice Law and Rules,

v

Kathleen King, Counsel New York State

Board of Parole, et al.,

Respondents-Respondents.

Petitioner-appellant, pro se, having moved for leave to prosecute, as a poor person, the appeal taken from an order and judgment (one paper) of the Supreme Court, New York County, entered on or about September 25, 2018, and for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, for the assignment of counsel, and for other relief, Now, upon reading and filing the papers with respect to said motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent of permitting the appeal to be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the attorney for respondent and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the

original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Appellant is permitted to dispense with payment of the required fee for the subpoena and filing of the record. The motion is otherwise denied. ENTERED:

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Troy K. Webber Ellen Gesmer, Justices

M-5366

Index No. 260295/17