| Matter of Barnett v New York State Division of Parole |
| Motion No: 2009-07459 |
| Slip Opinion No: 2010 NY Slip Op 74981(U) |
| Decided on June 22, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M104624
E/sl
WILLIAM F. MASTRO, J.P.
ANITA R. FLORIO
ARIEL E. BELEN
CHERYL E. CHAMBERS, JJ.
|
2009-07459 In the Matter of Derek Barnett, appellant, v New York State Division of Parole, respondent.
(Index No. 09-3046)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Orange County, dated June 4, 2009, for leave to reargue his prior motion for poor person relief, which was determined by decision and order on motion dated December 1, 2009, and to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellant's appendix.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to reargue the prior motion for poor person relief is denied; and it is further,
ORDERED that the branch of the motion which is to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is granted; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until August 6, 2010, and the appellant shall pay the filing fee, serve two copies and file nine copies of the appellant's appendix in the same form as submitted in connection with this motion, and serve two copies and file nine copies of the appellant's brief on or before that date.
MASTRO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court