Appellate Division: Second Judicial Department

M34483

E/sl

BARRY A. COZIER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

ROBERT A. LIFSON, JJ.

2004-07560 The People, etc., respondent, v Jeffrey Noble, a/k/a Michael Novel, appellant. (Ind. Nos. 4052/00, 45/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 30, 2004, as a poor person and for the assignment of counsel. Cross motion by the respondent to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Ronna Gordon Galchus, Esq.

38-50 Bell Blvd.- Suite D

Bayside, New York 11361

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that on the court's own motion, the brief filed on October 4, 2005, with the Clerk of this court by the appellant pro se is stricken, without prejudice to seeking leave to submit a supplemental brief after assigned counsel submits a brief; and it is further,

ORDERED that the cross motion is denied as academic; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

COZIER, J.P., RITTER, GOLDSTEIN and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

01-A-5507

Collins Corr. Fac.

P.O. Box 340

Collins, New York 14034