Appellate Division: Second Judicial Department

M160879

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2013-06328 The People, etc., ex rel. Victor Koltun, appellant, v Carl DuBois, etc., respondent. (Index No. 9871/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, dated February 5, 2013, as a poor person and for the assignment of counsel. Separate motion by the appellant to stay all proceedings in an action entitled People v Koltun, pending in the County Court, Orange County, under Indictment No. 10-00778. Separate motion by the appellant, inter alia, in effect, to direct his release from incarceration.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation to the motion for poor person relief, and the papers filed in opposition to the motions to stay proceedings and, inter alia, in effect, to direct the appellant's release from incarceration, it is

ORDERED that the branch of the motion for poor person relief 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 for poor person relief which are to waive payment of the filing fee, for free transcripts and for the assignment of counsel are denied; and it is further,

ORDERED that the motions to stay proceedings and, inter alia, in effect, to direct the appellant's release from incarceration are denied.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court