Opinion
Motion No: CA 14-01777
11-05-2014
IN THE MATTER OF FRANK GARCIA, PETITIONER-APPELLANT, v. ANTHONY ANNUCCI, ACTING COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COUMMUNITY SUPERVISION, RESPONDENT-RESPONDENT.
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. (INDEX NO. 21,459-14.)
Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Wyoming on July 15, 2014,
Now, upon reading and filing the affidavit of Frank Garcia sworn to September 16, 2014, the statement of Frank Garcia sworn to September 16, 2014, and the notice of motion with proof of service thereof, 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 the motion is otherwise denied, and
It is further ORDERED that the Clerk of the County of Wyoming 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.
Memorandum: Assignment of counsel is not available.
Entered: November 5, 2014
Frances E. Cafarell, Clerk