Appellate Division: Second Judicial Department

M95194

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MARK C. DILLON, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

L. PRISCILLA HALL, JJ.

2007-08040 The People, etc., respondent, v Craig Black, appellant. (Ind. No. 1377-06)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered July 3, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal, and for poor person relief, and for the assignment of counsel.

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

ORDERED that the branches of the motion which are, in effect, 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 poor person relief, 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) whether the appellant was represented by retained counsel at trial, and, if so, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

DILLON, J.P., SANTUCCI, FLORIO and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court