Appellate Division: Second Judicial Department

M94647

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-00984 The People, etc., respondent, v Aquayne Hayden, appellant. (Ind. No. 06-00644)

DECISION & ORDER ON MOTION

Motion by the appellant to restore to active status an appeal from a judgment of the County Court, Orange County, rendered January 19, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), to enlarge the time to perfect the appeal, 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 the papers filed in opposition or thereto, it is

ORDERED that the branches of the motion which are to restore the appeal to active status and to enlarge the time to perfect the appeal are granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; 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, with leave to renew on or before January 4, 2010, 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) a statement whether trial counsel was assigned or retained, and, if retained, the amount and source of counsel fees paid to retained counsel.

MASTRO, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court