Opinion
Motion No: 529584
10-10-2019
In the Matter of STATE OF NEW YORK, Respondent, v. KENNETH II., Appellant.
DECISION AND ORDER ON MOTION
Motion for permission to proceed as a poor person, for assignment of counsel, for transcripts of proceedings and papers on file in the county clerk's office, and to consolidate.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion for permission to proceed as a poor person and for assignment of counsel, is granted, without costs, and Adam H. Van Buskirk, Esq., 144 Genesee Street, Suite 102-300, Auburn, New York 13021, 315-497-1571, is assigned to represent appellant upon the appeal, and it is further
ORDERED that the motion transcripts of proceedings and papers on file in the county clerk's office is granted, without costs, only to the extent that, pursuant to CPLR 1102 (b), the offices of the Broome County Supreme Court Clerk and the Cortland County Supreme Court Clerk shall furnish to appellant's counsel one copy of the transcripts of the stenographic minutes of all proceedings in the matter held after March 28, 2018, and one copy of any other paper or document filed in those offices after March 28, 2018, which is material and relevant to the appeals, except those portions which appellant's counsel or the court which made the order being appealed determines are unnecessary for the perfection of the appeal, and to forthwith forward a copy of said transcripts to the Clerk of this Court, and it is further
ORDERED that the motion to consolidate is granted, without costs, to the extent the appeal taken in case No. 529584 and the appeal taken in case No. 526890 shall be joined and heard together.
Garry, P.J., Egan Jr., Lynch and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court