People ex rel. Bazil v Marshall
Motion No: 2009-05598
Slip Opinion No: 2009 NY Slip Op 90017(U)
Decided on December 1, 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

M95247

E/cb

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2009-05598

The People, etc., ex rel. Kenneth Bazil,

appellant, v Luis Marshall, etc., respondent.

(Index No. 08-25363)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Westchester County, entered May 6, 2009, for leave to reargue those branches of her prior motion which were for leave to prosecute the appeal as a poor person and for the assignment of counsel, which were determined by decision and order on motion dated August 26, 2009.

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 January 19, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., ENG, BELEN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court