People ex rel. Holmes v Heath
Motion No: 2011-11170
Slip Opinion No: 2012 NY Slip Op 79437(U)
Decided on July 19, 2012
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M140876

E/sl

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2011-11170

The People, etc., ex rel., Winston Holmes,

appellant, v Philip D. Heath, respondent.

(Index No. 11-00338)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Westchester County, dated September 21, 2011, for leave to reargue his prior motion for leave to prosecute the appeal as a poor person, which was determined by decision and order on motion dated February 2, 2012.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until September 17, 2012, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court