Appellate Division: Second Judicial Department

M94970

E/sl

STEVEN W. FISHER, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2007-07960 The People, etc., respondent, v Wayne Corbin, appellant. (Ind. No. 02-00208)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment

Motion by the respondent to strike the appellant's motion pursuant to 22 NYCRR 670.12(c) appealing a sentence of the County Court, Westchester County, imposed July 18, 2007, on the ground that the appellant has not provided the necessary transcripts of the proceedings. Application by the appellant to withdraw his motion pursuant to 22 NYCRR 670.12(c)

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the application, it is

ORDERED the application is granted; and it is further,

ORDERED that the appellant is directed to obtain the transcript of the proceedings of any hearing in connection with the violation of probation in the above-entitled action; and it is further,

ORDERED that the motion is denied as academic; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

We note that the appellant did not file a notice of appeal from the amended judgment rendered under Indictment No. 02-00739.

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court