Appellate Division: Second Judicial Department

M276645

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2020-07541 In the Matter of Francisco Marxuach, appellant, v NYS Department of Corrections and Community Supervision, respondent. (Index No. 504/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated September 1, 2020. Motion by the appellant pro se for poor person relief, for the assignment of counsel, and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the briefs of the appellant and the respondent. The parties are directed to file nine copies of their respective briefs and to serve one copy on each other (22 NYCRR 670.9[d][1][ii]); and it is further,

ORDERED that pursuant to statute (see CPLR 1102[b]), the stenographer of the trial court shall make and certify two transcripts of any proceedings held in connection with the order dated September 1, 2020, and shall deliver one to the appellant's attorney and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant's counsel is directed to turn over said transcript to the respondent when counsel serves the appellant's brief upon respondent; and it is further,

ORDERED that pursuant to statute (Judiciary Law § 35), the following named attorney is assigned as counsel to prosecute the appeal:

Kelley M. Enderley

222 Church St., 1st Fl.

Poughkeepsie, NY 12601

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that payment of the filing fee is waived.

DILLON, J.P., MILLER, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court