Appellate Division: Second Judicial Department

M100298

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-04476 The People, etc., respondent, v Alexander Perez, appellant. (Ind. No. 2068/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered May 6, 2008, for failure to timely perfect. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the appellant's motion is denied, with leave to renew on or before April 28, 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) 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.

COVELLO, J.P., FLORIO, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court