Appellate Division: Second Judicial Department

M95314

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-02741 In the Matter of Marvin Pollack, appellant; State of New York, et al., respondents. (Index No. 80-01)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Orange County, dated December 22, 2008, inter alia, to amend the caption so that it is no longer anonymous, for leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

ORDERED that on the court's own motion, the appeal from so much of the order as denied that branch of the appellant's motion which was to proceed pro se or appoint two stand by counsels in the proceeding pursuant to CPL 330.20 is dismissed, without costs or disbursements, on the ground that no appeal lies as of right or by permission from an interlocutory order in a proceeding pursuant to CPL 330.20 (see CPL 330.20[21]); and it is further,

ORDERED that the branch of the motion which is to amend the caption so that it is no longer anonymous is granted and the caption is amended as set forth above; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court shall make and certify two transcripts of the proceedings, if any, of the trial or hearing and shall deliver one to the appellant and file the other with the Clerk of the trial court together with an affidavit of the fact and date of such delivery and filing; the appellant is directed to turn over those transcripts to the respondent when the appellant serves his brief upon respondent, and it is further,

ORDERED that the appellant is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further,

ORDERED that payment of the filing fee is waived; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 2, 2010; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court