| THE PEOPLE EX REL. JOSE LUIS RODRIGUEZ ABREU V THOMAS STICHT, SUPERINTENDENT OF THE WYOMING CORRECTIONAL FACILITY |
| Motion No: OP 20-00972 |
| Slip Opinion No: 2020 NY Slip Op 72444(U) |
| Decided on September 24, 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.
OP 20-00972
Index No. 22,094-20
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOSE
LUIS RODRIGUEZ ABREU, PETITIONER, V THOMAS STICHT, SUPERINTENDENT OF THE WYOMING CORRECTIONAL FACILITY,
RESPONDENT. |
Petitioner having moved for permission to appeal to this Court from an order of the Supreme Court, Wyoming County, entered June 8, 2020, and for permission to proceed as a poor person on the appeal,
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to appeal is denied on the ground that, so long as petitioner's motion was timely, it appears petitioner has an appeal as of right (see CPLR 7011), and
It is further ORDERED that the motion for permission to proceed as a poor person is granted, and
It is further ORDERED that the Wyoming 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.
Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: September 24, 2020
Mark W. Bennett
Clerk of the Court