People v Baez, Eric
Motion No: 2001-04001
Slip Opinion No: 2006 NYSlipOp 61288(U)
Decided on January 30, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35289

F/

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2001-04001

The People, etc., respondent,

v Eric Baez, appellant.

(Ind. No. 700/99)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered April 5, 2001, and motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the motion by the respondent to dismiss the appeal as abandoned is denied; and it is further,

ORDERED that the motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied, with leave to renew on or before March 15, 2006, upon proper papers, including the appellant's affidavit setting forth whether counsel was assigned counsel or retained counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel.

ADAMS, J.P., RITTER, SANTUCCI, and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court