Appellate Division: Second Judicial Department

M133679

T/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-01203 The People, etc., respondent, v Jehan Abdur-Raheem, appellant. (Ind. No. 649/76)

DECISION & ORDER ON MOTION

2011-00594

In the Matter of Jehan Abdur-Raheem, petitioner,

v Sheryl L. Parker, etc., respondent.

Appeal by Jehan Abdur-Raheem from an order of the Supreme Court, Kings County, dated November 10, 2009. By decision and order on motion of this Court dated August 3, 2010, the appeal was dismissed on the ground that the order dated November 10, 2009, was not appealable as of right or by permission, and the appellant's motion for poor person relief and assignment of counsel was denied as academic. By order to show cause dated December 6, 2011, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered recalling and vacating the decision and order on motion of this Court dated August 3, 2010, reinstating the appeal, and enlarging the time to perfect the appeal.

Separate proceeding by Jehan Abdur-Raheem pursuant to CPLR article 78 in the nature of a writ of mandamus. Motion by Jehan Abdur-Raheem for poor person relief and assignment of counsel in the CPLR article 78 proceeding.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the decision and order on motion of this Court dated August 3, 2010, is recalled and vacated, the appeal is reinstated, and the appellant's time to perfect the appeal is enlarged until April 30, 2012; and it is further,

ORDERED that the appellant's motions for poor person relief and the assignment of counsel on the appeal and in the CPLR article 78 proceeding are granted to the extent that the filing fees are waived and leave to prosecute the appeal and the proceeding on the original papers is granted, and the appeal and the proceeding will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and those motions are otherwise denied.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court