Appellate Division: Second Judicial Department

M175547

T/ct

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2013-06154 The People, etc., respondent, v Lawrence M. Herbert, appellant. (Ind. No. 1245/11)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Queens County, rendered May 15, 2013, and for leave to prosecute the appeal as a poor person.

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) whether the appellant was represented by retained or assigned counsel in the Supreme Court, and, if retained, the amount and source of counsel fees paid to retained counsel, (2) the amount and source of counsel fees paid to counsel retained to prosecute the appeal, 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.

CHAMBERS, J.P., AUSTIN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court