| People ex rel. Norris v Heath |
| Motion No: 2012-00659 |
| Slip Opinion No: 2012 NY Slip Op 90077(U) |
| Decided on November 9, 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. |
Appellate Division: Second Judicial Department
M146204
V/
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2012-00659 The People, etc., ex rel., Wayne Norris, appellant, v Philip D. Heath, etc., respondent.
(Ind. No. 10-00699)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to recall and vacate so much of a decision and order on motion of this Court, entitled "In the Matter of the Dismissal of Causes for Failure to Perfect - August 2012 Calendar," dated September 6, 2012, as dismissed an appeal from an order of the Supreme Court, Westchester County, dated September 28, 2011, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect, to reinstate the appeal, to enlarge the time to perfect the appeal, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated September 6, 2012, as dismissed the appeal and to reinstate the appeal are granted, and the appeal is reinstated; and it is further,
ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal 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 it is further,
ORDERED that the branches of the motion which are to waive the filing fee, for free transcripts, and for the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until January 8, 2013.
DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court