Appellate Division: Second Judicial Department

M165171

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2013-05304 The People, etc., ex rel. Robert K. Turner, appellant-respondent, v Carl DuBois, etc., respondent-appellant. (Index No. 251/13)

DECISION & ORDER ON MOTION

Motion by the appellant-respondent pro se for leave to prosecute an appeal from an order of the Supreme Court, Orange County, dated April 15, 2013, as a poor person, for the assignment of counsel, and, in effect, to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary as the appellant was granted leave to prosecute the appeal on the original papers by decision and order on motion of this Court dated June 26, 2013; and it is further,

ORDERED that the branch of the motion which is to waive payment of the filing fee is granted; and it is further,

ORDERED that the branch of the motion which is for the assignment of counsel is denied.

ORDERED that the branch of the motion which is 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 the brief on the appeal is enlarged until January 13, 2014.

SKELOS, J.P., BALKIN, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court