| Matter of Madden v Hynes |
| Motion No: 2011-05490 |
| Slip Opinion No: 2011 NY Slip Op 82776(U) |
| Decided on September 6, 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
M125208
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2011-05490 In the Matter of Edwin Madden, appellant, v Charles Hynes, respondent. (Index No. 9058/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to file a late notice of an appeal from a judgment of the Supreme Court, Kings County, dated May 11, 2010, for leave to prosecute the appeal 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 or relation thereto, it is
ORDERED that the branch of the motion which is for leave to file a late notice of appeal is denied as unnecessary as the time to take an appeal has not expired (see CPLR 5513), and the motion papers are deemed to be a notice of appeal; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court