STATE OF NEW YORK V EDWARD TREAT (Index No. 70935)
Motion No: CA 10-02397
Slip Opinion No: 2011 NY Slip Op 62989(U)
Decided on January 28, 2011
Appellate Division, Fourth 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.


January 28, 2011

PRESENT: SCUDDER, P. J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

DOCKET NO. CA 10-02397

STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

EDWARD TREAT, RESPONDENT-APPELLANT.

(Index No. 70935)


Appellant having moved for permission to proceed as a poor person, assignment of counsel, and an extension of time to file and serve a notice of appeal from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on December 9, 2009, pursuant to CPLR 5520,

Now, upon reading and filing the affidavits of Edward Treat sworn to September 1, 2010, and September 28, 2010, the notice of motion with proof of service thereof, and the affirmation of Frank Brady, Esq. dated December 17, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: January 28, 2011

Patricia L. Morgan, Clerk