| People v Sullivan, Fabian |
| Motion No: 2004-08059 |
| Slip Opinion No: 2006 NYSlipOp 62637(U) |
| Decided on February 2, 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. |
Appellate Division: Second Judicial Department
M35616
F/
DAVID S. RITTER, J.P.
DANIEL F. LUCIANO
WILLIAM F. MASTRO
PETER B. SKELOS, JJ.
|
2004-08059 The People, etc., respondent, v Fabian Sullivan, appellant. (Ind. No. 956/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered August 6, 2004, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, and cross motion by the respondent to dismiss the appeal as abandoned.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion 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 3, 2006, upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel, and it is further,
ORDERED that the cross motion by the respondent to dismiss the appeal as abandoned is denied without prejudice to renewal if the appellant does not renew his motion for poor person relief and the assignment of counsel by March 3, 2006.
RITTER, J.P., LUCIANO, MASTRO, and SKELOS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court