Appellate Division: Second Judicial Department

M123274

V/

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2011-03121 The People, etc., respondent, v Rudolph Bisnauth, appellant. (Ind. No. 1338/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered March 15, 2011, for leave to prosecute the appeal as a poor person, and to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the motion which is for poor person relief is denied, with leave to renew 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) the amount and source of counsel fees paid to retained counsel at trial, 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; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

RIVERA, J.P., BALKIN, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court