Opinion
Motion No: 2017-00791 SC
05-25-2017
People ex rel. Deshawn Donely, Appellant, v. William Lee, Superintendent, Green Haven Correctional Facility, Respondent.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
Motion by appellant for leave to prosecute an appeal from an order of the County Court of Dutchess County, entered August 12, 2012, as a poor person. Separate application by appellant to enlarge the time to perfect the appeal. The appeal, the motion and the application were transferred to this court by decision and order on motion of the Appellate Division, Second Judicial Department, dated April 19, 2017.
Upon the papers filed in support of the motion and application and no papers having been filed in opposition thereto, it is
ORDERED that appellant's motion and application are consolidated for purposes of disposition; and it is further,
ORDERED that the motion and application are granted; and it is further,
ORDERED that the appeal shall be perfected by September 1, 2017; and it is further,
ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the appellant and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that appellant shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide appellant with a copy of the presentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk