Opinion
Motion No: KAH 14-01428
10-22-2014
THE PEOPLE OF THE STATE OF NEW YORK, EX REL. ISIAH WILLIAMS, PETITIONER, v. PATRICK O'FLYNN, AS THE SHERIFF OF MONROE COUNTY, RESPONDENT
PRESENT: , SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ. Indictment No. 08-0495 Index No. 2014-4882
Petitioner having moved for permission to proceed as a poor person for the appeal from an order of the Supreme Court, Monroe County dated June 24, 2014,
Now, upon reading and filing the affidavit of Isiah Williams sworn to June 26, 2014, the notice of motion with proof of service thereof, the statements of Robert P. Yawman, III, Esq. dated August 20, 2014 and August 27, 2014, the affirmation of Christyn Musso, Esq. dated September 11, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as premature, and
It is further ORDERED that the pro se notice of appeal filed at the Monroe County Clerk's Office on July 22, 2014 is deemed timely filed, and
It is further ORDERED that petitioner shall serve said notice of appeal on or before November 21, 2014, upon all necessary parties (see CPLR 5520 [a]).
Entered: October 22, 2014
Frances E. Cafarell, Clerk