Matter of Norwood v Alexander
Motion No: 2008-09583
Slip Opinion No: 2008 NYSlipOp 92387(U)
Decided on December 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M79167

E/cb

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

HOWARD MILLER

EDWARD D. CARNI, JJ.

2008-09583

In the Matter of Jeffrey Norwood, petitioner,

v George B. Alexander, etc., et al., respondents.

(Index No. 10766/08)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 to "reinstat[e] the time for taking an appeal from" a judgment of the Supreme Court, Kings County, dated July 21, 2008, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to "reinstat[e] the time for taking [the] appeal" is denied (see CPLR 5513); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person, and for the assignment of counsel are denied as academic.

SPOLZINO, J.P., FISHER, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court