Appellate Division: Second Judicial Department

M108950

E/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2009-04009 The People, etc., respondent, v Jason Marcelle, appellant. (Ind. No. 12220/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered April 17, 2009, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute as a poor person, and for the assignment of counsel.

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

ORDERED that the motion is denied, with leave to renew on or before November 12, 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) whether the appellant was represented by assigned counsel or retained counsel at trial, and, if retained, 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.

MASTRO, J.P., COVELLO, DICKERSON and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court