PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KAH 20-00573
Index No. 2019-1098

THE PEOPLE OF THE STATE OF NEW YORK EX REL., JUAN A. RODRIGUEZ, PETITIONER-APPELLANT, V SUPERINTENDENT MCCARTHY, AUBURN CORRECTIONAL FACILITY, RESPONDENT.

Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court, Cayuga County, entered February 11, 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, upon the Court's own motion, an extension of time to perfect the appeal is granted, the time to perfect the appeal is extended to March 15, 2021, 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 for permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as it seeks assignment of counsel is granted to the extent that Ryan Muldoon, Esq., 126 Genesee Street, Suite 105, Auburn, New York 13021, is hereby assigned as counsel for the purposes of this appeal, and

It is further ORDERED that the Cayuga County Clerk provide Ryan Muldoon, Esq., 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 appeal may be prosecuted upon one hard copy of the complete record and an original and five hard copies and one digital copy of appellant's brief, pursuant to 22 NYCRR 1250.9 (a) (4).

Entered: January 14, 2021

Mark W. Bennett

Clerk of the Court