| IN THE MATTER OF FRANK GARCIA V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND |
| Motion No: CA 21-00748 |
| Slip Opinion No: 2021 NY Slip Op 71590(U) |
| Decided on September 3, 2021 |
| 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.
CA 21-00748
Index No: 22,029-19
CA 21-00749
Index No: 21,459-14
| IN THE MATTER OF FRANK
GARCIA, PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. IN THE MATTER OF FRANK
GARCIA, PETITIONER-APPELLANT, V ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF
CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT. |
Appellant having moved for permission to proceed as a poor person, for assignment of counsel, to vacate dismissal, and to consolidate the appeals taken herein from orders of the Supreme Court, Wyoming County, entered December 26, 2019, August 19, 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 to vacate dismissal of the appeal taken from the order entered December 26, 2019 (docket No. CA 21-00748)is denied as untimely (see 22 NYCRR 1250.10 [c]), and
It is further ORDERED that the motion is dismissed insofar as it seeks other relief with respect to the appeal from the order entered December 26, 2019 (docket No. CA 21-00748), and
It is further ORDERED that the motion is granted insofar as it seeks to vacate dismissal of the appeal taken from the order entered August 19, 2020 (CA 21-00749), on the condition that the appeal is perfected on or before November 3, 2021, and
It is further ORDERED that the motion is dismissed insofar as it seeks consolidation of the appeals, and
It is further ORDERED that the motion is granted insofar as it seeks permission to proceed as a poor person in the appeal taken from the order entered August 19, 2020 (CA 21-00749), 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 proceeding in index No. 21,459-14 upon which the appeal is based, and
It is further ORDERED that the motion is denied insofar as it seeks assignment of counsel.
Memorandum: Assignment of counsel is not available.
Entered: September 3, 2021
Ann Dillon Flynn
Clerk of the Court