| IN THE MATTER OF KENNETH J. PHELAN V ANTHONY ANNUCCI, ACTING COMMISSIONER, DEPUTY DONAHUE, DSMH, DEPUTY DENISE JORDAN |
| Motion No: CA 20-00496 |
| Slip Opinion No: 2020 NY Slip Op 68737(U) |
| Decided on July 17, 2020 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
CA 20-00496
| IN THE MATTER OF KENNETH J. PHELAN,
PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, DEPUTY DONAHUE, DSMH, DEPUTY DENISE JORDAN,
STEWARD, CORRECTION OFFICER, R. RUGARI, NURSE DONE, OMH, RESPONDENTS-RESPONDENTS. |
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, and for an extension of time to perfect the appeal taken herein from an order of the Supreme Court, Oneida County, entered January 16, 2020,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the Oneida County Clerk provide appellant with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect is granted, the time to perfect the appeal is extended to October 6, 2020, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and
It is further ORDERED that the motion is otherwise denied.
Memorandum: Assignment of counsel is not available.
Entered: July 17, 2020
Mark W. Bennett
Clerk of the Court