Opinion
DOCKET NO. CA 18-02188
01-09-2019
SUSAN M. COBAUGH, CHRISTINA SANABRIA, ET AL., PETITIONERS, v. STATE OF NEW YORK, ATTORNEY GENERAL FOR STATE OF NEW YORK, GOVERNOR OF STATE OF NEW YORK, NEW YORK STATE OFFICE OF INDIGENT LEGAL DEFENSE, NYCLU FOUNDATION, SCHULTE ROTH & ZABEL, LLP, AND NEW YORK STATE THIRD APPELLATE DEPARTMENT, DEFENDANTS.
PRESENT:
Petitioners having moved for permission to appeal from a judgment (denominated "decision and order") of the Supreme Court entered in the Office of the Clerk of the County of Albany on September 12, 2018, for a stay, and for poor person relief,
Now, upon reading and filing the affidavit os Susan M. Cobaugh sworn to October 9, 2018, the notice of motion with proof of service thereof, and the affirmation of Hannah M. Thibideau, Esq., dated December 6, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion for permission to proceed as a poor person is granted, and
It is further ORDERED that the Clerk of the County of Albany is hereby directed to provide petitioners 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 insofar as it seeks a stay is denied, and
It is further ORDERED that the motion insofar as it seeks leave to appeal is denied on the ground that, so long as petitioners' motion seeking permission to appeal was timely, it appears petitioners have an appeal as of right from the judgment (denominated "decision and order") (see CPLR 411; 5701 [a] [1]).
Memorandum: Petitioners' time to file and serve a notice of appeal is governed by CPLR 5514 (a).
Entered: January 9, 2019
Mark W. Bennett, Clerk