Appellate Division: Second Judicial Department

M98073

S/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2008-09409 The People, etc., appellant, v Johnny Rivas, respondent. (Ind. No. 129/08)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated September 10, 2008, to deem service of the appendix and brief and the decision and order on motion dated July 20, 2002, on the respondent timely pursuant to the decision and order on motion dated July 20, 2009. Cross motion by the respondent for leave to defend the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the cross motion, it is

ORDERED that the motion is granted and service of the appendix and brief on the respondent is deemed timely nunc pro tunc; and it is further,

ORDERED that the cross motion is denied with leave to renew 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) the amount and source of counsel fees paid to retained counsel, and (3) if on bail before the order dated September 10, 2008, was issued, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same the order dated September 10, 2008, was issued.

DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court