Appellate Division: Second Judicial Department

M58235

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2002-10693 The People, etc., respondent, v Motasim Mohamed, appellant. (Ind. No. 2265-02)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered October 16, 2002. Separate 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, the papers filed in opposition to the motion to dismiss the appeal, and the papers filed in opposition to the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, it is

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

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 December 11, 2007, upon proper papers, including the appellant's affidavit setting forth whether the appellant had retained counsel at trial, and, if so, the amount and source of counsel fees paid to retained counsel.

RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court