Opinion
CA 19-02234
01-07-2020
IN THE MATTER OF JOSE ORRACA, PETITIONER-APPELLANT, v. ANTHONY J. ANNUCCI, COMMISSIONER OF NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
PRESENT:
Appellant having moved for permission to proceed as a poor person on the appeal taken herein from a judgment of the Supreme Court, Jefferson County, entered October 9, 2019, and for other relief,
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 is denied insofar as it seeks poor person relief without prejudice to a new motion that includes, among other things, proof of filing of the notice of appeal as required by 22 NYCRR 1250.4 (3), and
It is further ORDERED that the motion is denied insofar as it seeks leave to appeal on the ground that petitioner has an appeal as of right from the judgment, so long as the appeal was timely taken (see CPLR 5701 [a] [1]; 5513 [a]), 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: January 7, 2020
Mark W. Bennett
Clerk of the Court