Appellate Division: Second Judicial Department

M59828

S/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

PETER B. SKELOS

EDWARD D. CARNI, JJ.

1998-06540 The People, etc., respondent, v Dereck Francois, appellant. (Ind. No. 76/98)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 1, 1998, as a poor person, and for the assignment of counsel. The notice of appeal was filed July 1, 1998. The appellant did not contact the court nor did he seek leave to proceed as a poor person, until he made the instant motion. By order to show cause dated June 7, 2007, the appellant was directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

Upon the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel and the papers filed in relation thereto, and upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion for leave to prosecute the as a poor person and for the assignment of counsel is denied as academic.

CRANE, J.P., GOLDSTEIN, SKELOS and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court