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

KAH 21-00003
Index No: 2020-804489

THE PEOPLE OF THE STATE OF NEW YORK EX REL. SANJAY TRIPATHY, PETITIONER-APPELLANT, V SUSAN KICKBUSH, SUPERINTENDENT GOWANDA CORRECTIONAL FACILITY AND ANTHONY J. ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS-RESPONDENTS.

Appellant having moved for assignment of counsel, permission to proceed as a poor person, and an extension of time to take an appeal, pursuant to CPLR 5520 (a), for the purpose of perfecting an appeal taken herein from an order of the Supreme Court, Erie County, entered June 29, 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 an extension of time to file a notice of appeal and perfect the appeal is granted on the condition that the notice of appeal was timely served, the notice of appeal is filed with the Erie County Clerk on or before April 19, 2021, and the appeal is perfected on or before May 17, 2021, and in the event of failure to so perfect the appeal will be deemed dismissed without further order, and

It is further ORDERED that the motion is otherwise denied with leave to renew upon timely filing and serving another motion for assignment of counsel and permission to proceed as a poor person that includes, among other things, an affidavit setting forth the amount and sources of the appellant's income.

Entered: March 18, 2021

Mark W. Bennett

Clerk of the Court