Appellate Division: Second Judicial Department

M165539

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

1992-04914 The People, etc., respondent, v Robert Kordish, appellant. (Ind. No. 12305/91)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 17, 1992, as a poor person and for the assignment of counsel. By order to show cause of this Court dated July 24, 2012, inter alia, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the branch of the appellant's motion which was for poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered June 17, 1992, was held in abeyance in the interim. By decision and order on motion of this Court dated August 30, 2012, the motion to dismiss the appeal was granted, the appeal was dismissed, and the branch of the appellant's motion which was for poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered June 17, 1992, was denied as academic. By order dated October 17, 2013, the Court of Appeals reversed the decision and order on motion of this Court dated August 30, 2012, and remitted the matter for further proceedings.

Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon remittitur from the Court of Appeals, it is

ORDERED that the motion to dismiss the appeal is held in abeyance; and it is further,

ORDERED that the branch of the appellant's motion which is for poor person relief and the assignment of counsel is granted to the extent that counsel is assigned to represent the appellant on the motion to dismiss the appeal; and it is further,

ORDERED that pursuant to County Law § 722, the following named attorney is assigned as counsel to represent the appellant on the motion to dismiss the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that newly assigned counsel shall serve and file a response to the motion to dismiss the appeal on or before January 6, 2014; and it is further,

ORDERED that the branch of the appellant's motion which is for poor person relief and the assignment of counsel is otherwise held in abeyance pending determination of the Court's motion to dismiss the appeal.

ENG, P.J., MASTRO, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court