| People v Heise, David M. |
| Motion No: 2011-08441 |
| Slip Opinion No: 2013 NY Slip Op 62822(U) |
| Decided on January 28, 2013 |
| 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
M150360
E/ct
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JOHN M. LEVENTHAL
SYLVIA HINDS-RADIX, JJ.
|
2011-08441 The People, etc., respondent, v David M. Heise, appellant. (Ind. No. 1368/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, dated August 26, 2011, as abandoned. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the appellant's motion is denied with leave to renew on or before March 4, 2013, upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel.
DILLON, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court