| People of State of New York v Willingham |
| Motion No: 2004-11160 |
| Slip Opinion No: 2010 NY Slip Op 90512(U) |
| Decided on December 13, 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
M112490
E/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
ARIEL E. BELEN
SHERI S. ROMAN, JJ.
|
2004-11160 People of State of New York, respondent, v Richard Willingham, appellant.
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated November 4, 2004, for failure to timely perfect.
Upon the papers file in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied, on condition that on or before February 18, 2010, the appellant shall (1) perfect the appeal, (2) make a motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) retain counsel and advise the Court that he has retained counsel.
DILLON, J.P., ANGIOLILLO, BELEN and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court