Appellate Division: Second Judicial Department

M176972

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-09294, 2014-04522 The People, etc., respondent, v Derek Chisholm, appellant. (Ind. No. 1129/06)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 18, 2014, in the above-entitled case is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, dated April 29, 2014, for leave to prosecute the appeal as a poor person, for the assignment of counsel with respect to that appeal, and, in effect, to consolidate that appeal with an appeal from a judgment of the same court, rendered January 6, 2009, as amended September 4, 2013.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the appeal from the order dated April 29, 2014, will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties 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 stenographer of the trial court is directed promptly to make, certify, and file the transcripts of any proceedings held in connection with the order dated April 29, 2014, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the Clerk of this Court under seal, for review by the panel of Justices assigned to hear the appeal, and the transcripts shall remain sealed upon filing; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the order dated April 29, 2014:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

BALKIN, J.P., LEVENTHAL, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043