| People of State of New York v Marxuach |
| Motion No: 2017-02411 |
| Slip Opinion No: 2017 NY Slip Op 77356(U) |
| Decided on June 16, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M232874
E/ct
REINALDO E. RIVERA, J.P.
JOSEPH J. MALTESE
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2017-02411 People of State of New York, respondent, v Francis Marxuach, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 20, 2016, as a poor person, and for the assignment of counsel. Application by respondent to dismiss the appeal as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that motion is denied, with leave to renew, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses; and it is further,
ORDERED that the application is dismissed without prejudice to making a motion for the relief sought.
RIVERA, J.P., MALTESE, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court