Opinion
Index No. 46218 Index No. 46219 DOCKET NO. TP 12-02003 DOCKET NO. CA 13-01108 DOCKET NO. CA 13-01109
07-12-2013
IN THE MATTER OF RONNIE COVINGTON, PETITIONER, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL AND COMMUNITY SERVICES, RESPONDENT. IN THE MATTER OF RONNIE COVINGTON, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL AND COMMUNITY SERVICES, RESPONDENT-RESPONDENT. IN THE MATTER OF RONNIE COVINGTON, PETITIONER-APPELLANT, v. BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONAL AND COMMUNITY SERVICES, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Petitioner having moved to vacate dismissal of the CPLR article 78 proceeding transferred to this Court by order of the Supreme Court entered in the Office of the Clerk of the County of Seneca on October 23, 2012 (docket No. TP 12-02003), and
Petitioner having also moved for permission to proceed as a poor person, for assignment of counsel and for an extension to perfect the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Seneca on December 13, 2012 (docket Nos. CA 13-01108 and CA 13-01109), and
Petitioner having further moved to consolidate the appeals from the orders entered December 13, 2012 (docket Nos. CA 13-01108 and CA 13-01109) with the CPLR article 78 proceeding (docket No. TP 12-02003), and having moved for other relief,
Now, upon reading and filing the affidavits of Ronnie Covington dated March 12, 2013, March 31, 2013, and May 18, 2013, the notice of motion with proof of service thereof, and the affirmation of Marcus J. Mastracco, Esq., dated June 27, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of the CPLR article 78 proceeding (docket No. TP 12-02003) is granted, on the condition that petitioner files and serves the brief on or before September 10, 2013, and the Clerk is directed to accept the brief for filing, and
It is further ORDERED that the motion insofar as it seeks permission to proceed as a poor person in the appeals from the orders entered December 13, 2012 (docket Nos. CA 13-01108 and CA 13-01109), is granted, and
It is further ORDERED that the Clerk of the County of Seneca is hereby directed to provide petitioner with copies of all transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings had and filed in said Clerk's Office upon which the appeals from the orders entered December 13, 2012, are based, along with one copy of any other paper or document on file in the Clerk's Office that is relevant and necessary to the appeals, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals from the orders entered December 13, 2012 (docket Nos. CA 13-01108 and CA 13-01109) is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion insofar as it seeks to consolidate the appeals from the orders entered December 13, 2012 (docket Nos. CA 13-01108 and CA 13-01109), with the CPLR article 78 proceeding (docket No. TP 12-02003) is denied, and
It is further ORDERED that the motion insofar as it seeks assignment of counsel and other relief is denied.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk