People v Paul F. Smith



People v Paul F. Smith
Motion No:
Slip Opinion No: 2010 NY Slip Op 83898(U)
Decided on September 24, 2010
Appellate Division, Third 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.




Decided and Entered: September 24, 2010

Case # 103607


THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

v
PAUL F. SMITH,
(Ind. No. 2008-274)

Appellant.


DECISION AND ORDER
ON MOTION


Motion to dismiss appeal for failure of prosecution.

Upon the papers filed in support of the motion and papers having been filed in opposition thereto, it is

ORDERED that the motion is denied and appellant is directed to file an application for poor person status and assignment of counsel within forty-five (45) days of the date of this decision.
CARDONA, P.J., ROSE, LAHTINEN, MALONE JR. and KAVANAGH, JJ., concur.
ENTER:


Michael J. Novack
Clerk of the Court