Opinion
DOCKET NO. CA 12-02396
01-23-2013
IN THE MATTER OF JAMES ADAMS, PETITIONER-APPELLANT, v. SUPERINTENDENT BOLLINIER, OF FIVE POINTS CORRECTIONAL FACILITY, RESPONDENT-RESPONDENT.
PRESENT: , P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Appellant having moved for permission to proceed as a poor person, assignment of counsel and an extension of time to perfect the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Seneca on July 5, 2012,
Now, upon reading and filing the affidavit of James Adams sworn November 20, 2012, 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 a stenographic copy of the minutes upon which the appeal is based, and
It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeal is dismissed as premature (see 22 NYCRR 1000.13 [f]), and
It is further ORDERED that the motion insofar as it seeks assignment of counsel is denied.
Memorandum: Assignment of counsel is not available.
Frances E. Cafarell, Clerk