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

CA 21-00220
Index No: 2019-1630CV
CA 21-00221
Index No: 2020-0403CV

IN THE MATTER OF TODD T. BRIGLIN, PETITIONER-APPELLANT, V NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. (Appeal No. 1.) THE PEOPLE OF THE STATE OF NEW YORK EX REL. TODD R. BRIGLIN, PETITIONER-APPELLANT, V SUPERINTENDENT DARWIN LECLAIR, FRANKLIN CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT. (Appeal No. 2.)

Appellant having moved for permission to proceed as a poor person, assignment of counsel, and consolidation of the appeals taken herein from orders of the Supreme Court, Steuben County, entered December 28, 2020, and respondent having cross-moved to dismiss the appeals,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that appellant's motion is granted insofar as it seeks to proceed as a poor person on appeal No. 1, and

It is further ORDERED that the Steuben 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 remainder of appellant's motion is denied insofar as it relates to appeal No. 1, and

It is further ORDERED that respondent's cross motion is denied insofar as it seeks to dismiss appeal No. 1, and

It is further ORDERED that respondent's cross motion is granted insofar as it seeks to dismiss appeal No. 2, and appeal No. 2 is hereby dismissed, and

It is further ORDERED that appellant's motion is dismissed insofar as it relates to appeal No. 2.

Memorandum: Assignment of counsel is not available.

Entered: March 9, 2021

Mark W. Bennett

Clerk of the Court