Appellate Division: Second Judicial Department

M58454

F/

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

JOSEPH COVELLO

WILLIAM E. McCARTHY, JJ.

2001-08293 The People, etc., respondent, v Frank Kocaj, appellant. (Ind. No. 00-06034)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Westchester County, rendered August 16, 2001, and cross 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 motion and the cross motion 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 cross motion by the appellant is denied, with leave to renew on or before October 1, 2007, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether counsel is retained counsel or assigned counsel, and if retained counsel, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

RIVERA, J.P., SPOLZINO, COVELLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court