People ex rel. Hardy v Superintendent, Sing Sing Correctional
Motion No: 2009-03598
Slip Opinion No: 2009 NY Slip Op 81923(U)
Decided on August 28, 2009
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

M91382

E/sl

FRED T. SANTUCCI, J.P.

HOWARD MILLER

RUTH C. BALKIN

LEONARD B. AUSTIN, JJ.

2009-03598

The People, etc., ex rel., James Hardy,

appellant, v Superintendent, Sing Sing

Correctional Facility, et al., respondents.

(Ind. No. 08-25374)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Westchester County, entered February 13, 2009, 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 motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until October 27, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SANTUCCI, J.P., MILLER, BALKIN and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court