Opinion
DOCKET NO. KAH 17-01888
11-30-2017
THE PEOPLE OF THE STATE OF NEW YORK EX REL. SHAWN COLEMAN, PETITIONER, v. SUPERINTENDENT, WILLARD DRUG TREATMENT CAMPUS, AND NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, RESPONDENTS.
PRESENT: (INDEX NO. 51394.)
Petitioner having moved for permission to proceed as a poor person and for leave to appeal from a judgment of the Supreme Court, Seneca County, dated August 21, 2017,
Now, upon reading and filing the statement of Shawn Coleman dated October 10, 2017, and the exhibits attached thereto, the affidavit of Shawn Coleman sworn to October 24, 2017, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Seneca is hereby directed to provide appellant 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 appeal is 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 appeal, and
It is further ORDERED that the motion is denied insofar as it seeks leave to appeal to this Court on the ground that, so long as petitioner's motion was timely, it appears petitioner can appeal as of right from the judgment (see CPLR 5514 [a]; 7011).
Memorandum: Petitioner's time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: November 30, 2017
Mark W. Bennett, Clerk