Appellate Division: Second Judicial Department

M99246

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-06624 The People, etc., respondent, v Renato Arcuri, appellant. (Ind. No. 11242/06)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered June 23, 2008, for failure to timely perfect. Separate motion by the appellant pro se to restore the appeal to active status, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), 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 appellant's motion is denied with leave to renew on or before June 15, 2010, upon proper papers, including the appellant's affidavit setting forth whether counsel at trial was assigned or retained, and, if retained, the amount and source of counsel fees paid to retained counsel, and it is further,

ORDERED that the respondent's motion is denied without prejudice to renew in the event that the appellant does not renew his motion to restore the appeal to active status (see 22 NYCRR 670.8[f]), for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court