People v Gabriel v. Bonacci

Motion No: ENTER:

Slip Opinion No: 2019 NY Slip Op 79930(U)

Decided on September 13, 2019

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.

State of New York

Supreme Court, Appellate Division

Third Judicial Department

Decided and Entered: September 13, 2019

110558
____________________________________
THE PEOPLE OF THE STATE OF
NEW YORK,
                                 Respondent,           DECISION AND ORDER
                      v                                 ON MOTION
GABRIEL V. BONACCI,
(SCI. No. 2017-037)
                                 Appellant.
____________________________________

Motion for assignment of counsel.

Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, and upon consideration of the recommendation of the Delaware County Plan, it is

ORDERED that the motion is granted, and Teresa C. Mulliken, Esq., P.O. Box 204,
607-652-9790, Harpersfield, NY 13786, 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 section 850.7 of this Court's Rules of Practice, and it is further

ORDERED that pursuant to section 850.11 (a) of this Court's Rules of Practice, the Delaware 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. However, if such minutes and other papers or documents were previously provided to Gabriel V. Bonacci, pro se, said appellant shall forward those documents to Teresa C. Mulliken, Esq., within ten (10) days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected on or before November 12, 2019, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan Jr., Mulvey and Rumsey, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court