| People v Anzalone, Anthony |
| Motion No: 2010-10717 |
| Slip Opinion No: 2011 NY Slip Op 75378(U) |
| Decided on June 10, 2011 |
| 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
M121378
E/sl
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
THOMAS A. DICKERSON
JEFFREY A. COHEN, JJ.
|
2010-10717 The People, etc., respondent, v Anthony Anzalone, appellant. (Ind. No. 114-10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 23, 2010, as a poor person, and for the assignment of counsel. By order to show cause dated March 14, 2011, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the notice of appeal was untimely and the appellant did not move for leave to file a late notice of appeal, and the appellant's motion was held in abeyance in the interim. Application by the appellant pursuant to CPL 460.30 to extend his time to take an appeal.
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the appellant's notice of appeal is deemed an application pursuant to CPL 460.30 for leave to extend his time to take an appeal from the judgment, the application is granted, and the notice of appeal is deemed to be timely filed; and it is further,
ORDERED that the appellant's motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the amount and source of counsel fees paid to retained counsel, and (2) 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.
ANGIOLILLO, J.P., BALKIN, DICKERSON and COHEN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court