Appellate Division: Second Judicial Department

M170547

V/

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2012-03098 The People, etc., respondent, v Michael A. Williams, appellant. (Ind. No. 6/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered March 8, 2012, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for an extension of time to take an appeal pursuant to CPL 460.30, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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

ORDERED that the branch of the motion which is, in effect, to restore the appeal to active status is granted; and it is further,

ORDERED that the branch of the motion which is to extend the time to take the appeal is denied as unnecessary as the appeal was timely taken (see CPL 460.10); and it is further,

ORDERED that the branches of the motion which are for poor person relief and for the assignment of counsel are denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel, and (3) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

SKELOS, J.P., LEVENTHAL, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court