Appellate Division: Second Judicial Department

M209782

E/ct

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-02527 The People, etc., plaintiff, v Renato Albanese, defendant. (Ind. No. 08-01677)

DECISION & ORDER ON MOTION

Motion by the defendant to extend his time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from an order of the County Court, Westchester County, dated February 26, 2016, for poor person relief and the assignment of counsel, and to seal the papers filed in connection with the instant motion as well as the application for leave to appeal to this Court.

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

ORDERED that the branch of the motion which is to extend the time to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated February 26, 2016, is granted and the application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated February 26, 2016, is accepted for filing and deemed timely served; and it is further,

ORDERED that the branch of the motion which is for poor person relief and the assignment of counsel is held in abeyance pending determination of the application for leave to appeal to this Court; and it is further,

ORDERED that the branch of the motion which is to seal the papers filed in connection with the instant motion as well as the application for leave to appeal to this Court is granted, the Clerk of this Court, or her designee, shall seal the papers filed in connection with the instant motion as well as the application for leave to appeal to this Court, in accordance with the order dated February 26, 2016.

ENG, P.J., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court