Opinion
Motion No: KAH 15-00451
04-07-2015
THE PEOPLE OF THE STATE OF NEW YORK EX REL., PHILLIP JOHNSON, PETITIONER-APPELLANT, v. PATRICK O'FLYNN, SHERIFF OF MONROE COUNTY, AND THE NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, NEW YORK STATE DIVISION OF PAROLE, RESPONDENTS. Index No: 2015/770
PRESENT: , SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
Appellant having moved for permission to proceed as a poor person on the appeal taken from an order and decision of Supreme Court, Monroe County dated February 20, 2015,
Now, upon reading and filing the statement of Phillip Johnson dated March 23, 2015, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (2) and ten copies of appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and
It is further ORDERED that the Clerk of the County of Monroe is hereby directed to provide Michael Witmer, Esq. with copies of all papers and transcripts of stenographic or audio taped minutes, if any, of the proceedings upon which the appeal is based, and
It is further ORDERED that said briefs are to be filed and served on or before December 11, 2015, or the appeal will be deemed abandoned and dismissed, pursuant to 22 NYCRR 1000.12 (b).
Entered: April 7, 2015
Frances E. Cafarell, Clerk