Opinion
Motion No: 512798
11-10-2011
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID J. GILMORE, (CA-586-09) Appellant.
DECISION AND ORDER ON MOTION
Motion for permission to proceed on appeal as a poor person pursuant to CPLR section 1101.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and James P. Milstein, Esq., Albany County Public Defender, 60 South Pearl St., 4th Flr., Albany, NY 12207-2021, (518) 447-7150, is assigned to represent appellant upon this appeal which shall be perfected in accordance with Articles 55, 56 and 57 of the CPLR and section 800.4 (c) of the Rules of Practice (22 NYCRR 800.4 [c]), and it is further
ORDERED that pursuant to CPLR section 1102(b), the office of the Albany County Court Clerk shall furnish to appellant's counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter, and one copy of any other paper or document on file in that office which is material and relevant to the appeal, except those portions which appellant's counsel or the court which made the order being appealed determines are unnecessary for perfection of the appeal, and to forthwith forward the other copy of said transcripts to the Clerk of this Court.
MERCURE, J.P., SPAIN, MALONE JR., KAVANAGH and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court