Appellate Division: Second Judicial Department

M148648

E/ct

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2012-00265 The People, etc., ex rel. Demetrio Lifrieri, appellant, v William A. Lee, respondent.

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se on an appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated November 7, 2011, for leave to prosecute the appeal as a poor person and for the assignment of counsel. Separate motion by the appellant to enlarge the time to perfect the appeal.

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

ORDERED that the branch of the renewed motion which is for poor person relief is granted to the extent that the filing fee is waived and the appeal will be prosecuted 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the renewed motion which is for the assignment of counsel is denied; and it is further,

ORDERED that the motion to enlarge the time to perfect the appeal is granted, and 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/her/its brief on the appeal is enlarged until February 11, 2013.

MASTRO, J.P., LOTT, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court