Opinion
Motion No: 104481 Index No. 212090
09-22-2011
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN NEALON, Appellant.
DECISION AND ORDER ON MOTION
Motion for permission to proceed on appeal as a poor person and for assignment of counsel.
Upon the papers filed in support of said motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal shall be perfected in accordance with section 800.14 of the Rules of Practice (22NYCRR 800.14), and it is further
ORDERED that Eugene P. Grimmick, Esq., Special Appellate Counsel, 52 Second Street, Troy, NY 12180, (518) 271-6170, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further
ORDERED that pursuant to section 800.4 (c) of the Rules of this Court, the Rensselaer County Clerk is directed to furnish appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter, and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellant's counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. In the event the minutes are not received within 60 days from the date of this decision, within 10 days thereafter, counsel shall move on notice for a further extension of time.
MERCURE, J.P., PETERS, ROSE, STEIN and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court