Appellate Division: Second Judicial Department

M86504

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ROBERT A. SPOLZINO, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2006-10780 The People, etc., respondent, v Martin Peters, appellant (Ind. No. 6840/04)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered October 25, 2006, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal on the ground of lack of prosecution.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant pro se is denied, with leave to renew on or before June 11, 2009, upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel and an explanation whether he is the owner or part owner of the apartment located at 300 W. 135th Street, New York, New York, and, if so, the current principal of any mortgage and the amount of any equity value; and it is further,

ORDERED that the motion by the respondent is denied with leave to renew if the appellant does not renew his motion for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

SPOLZINO, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court