—Motion for permission to proceed as poor person and assignment of counsel denied. Memorandum: The motion papers were not served on the Oneida County Attorney (see, CPLR 1101 [c]). Moreover, the appeal was dismissed as abandoned when it was not perfected on or before February 4, 1997. Present—Pine, J. P., Lawton, Doerr, Balio and Fallon, JJ.