| People v Kocaj, Frank |
| Motion No: 2001-08293 |
| Slip Opinion No: 2008 NYSlipOp 69297(U) |
| Decided on April 16, 2008 |
| 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
M69127
E/sl
STEVEN W. FISHER, J.P.
DAVID S. RITTER
ANITA R. FLORIO
EDWARD D. CARNI, JJ.
|
2001-08293 The People, etc., respondent, v Frank Kocaj, appellant. (Ind. No. 00-06034)
| DECISION & ORDER ON MOTION |
Appeal by Frank Kocaj from a judgment of the Supreme Court, Westchester County, rendered August 16, 2001. By decision and order on motion dated November 14, 2007, the appellant's motion for poor person relief and the assignment of counsel, was denied with leave to renew on or before January 2, 2008, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including any and all sources of income. The appellant has not moved to renew. By order to show cause dated January 30, 2008, 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]). Motion by the appellant pro se, inter alia, for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied, and it is further,
ORDERED that the branch of the appellant's motion which is 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 May 16, 2008, 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) the amount and source of counsel fees paid to retained counsel, if any, 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; and it is further,
ORDERED that the appellant's motion is otherwise denied.
FISHER, J.P., RITTER, FLORIO and CARNI, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court