| People v Davis, Monte |
| Motion No: 1997-04327 |
| Slip Opinion No: 2007 NYSlipOp 81603(U) |
| Decided on October 22, 2007 |
| 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
M61414
S/sl
A. GAIL PRUDENTI, P.J.
REINALDO E. RIVERA
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
1997-04327 The People, etc., respondent, v Monte Davis, appellant. (Index No. 94449)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated August 29, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 21, 1997, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal for failure to perfect the same in accordance with the rules of this court (see NYCRR 670.8[f]).
Upon the papers filed in support of the motion and the cross motion, the papers filed in relation to the motion, and the papers filed in opposition to the cross motion, it is
ORDERED that the cross 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 appeal as a poor person and for the assignment of counsel is denied as academic.
PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court