Opinion
Motion No: 109603
12-20-2017
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELRIC NEZELEK, Appellant.
DECISION AND ORDER ON MOTION (SCI No. 17-105)
Motion for permission to proceed on appeal as a poor person and for assignment of counsel.
Upon the papers filed in support of the 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 this Court's Rules of Practice, and it is further
ORDERED that Allen E. Stone, Jr., Esq., P.O. Box 118, Vestal, NY 13851-0118, 607-239-6165, 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 this Court's Rules of Practice, the Broome County Court Clerk shall furnish to 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 appellate 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, and it is further
ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
McCarthy, J.P., Garry, Egan Jr. and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court