| THE PEOPLE EX REL. JOSEPH APONTE V EKPE D. EKPE |
| Motion No: KAH 09-00828 |
| Slip Opinion No: 2009 NY Slip Op 78785(U) |
| Decided on July 16, 2009 |
| Appellate Division, Fourth 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. |
PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND GORSKI, JJ.
KAH 09-00828
Index No: 08-3107
| THE PEOPLE OF THE STATE OF NEW YORK EX REL. JOSEPH APONTE,
PETITIONER-APPELLANT, V EKPE D. EKPE, RESPONDENT-RESPONDENT. |
Defendant having moved for permission to proceed as a poor person and assignment of counsel on the appeal taken from a judgment of the Supreme Court, Jefferson County, entered January 27, 2009,
Now, upon reading and filing the affidavit of Joseph Aponte, sworn to April 10, 2009, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be, and the same hereby is, denied, and
It is further ORDERED that said appeal is dismissed as moot.
Entered: July 16, 2009
Patricia L. Morgan, Clerk