IN THE MATTER OF STATE OF NEW YORK V PONEL J.
Motion No: CA 18-01343
Slip Opinion No: 2018 NY Slip Op 78800(U)
Decided on July 25, 2018
Appellate Division, Fourth 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.


July 25, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-01343
(INDEX NO. 2014-0747.)

IN THE MATTER OF STATE OF NEW YORK, PETITIONER-RESPONDENT,

V

PONEL J., RESPONDENT-APPELLANT.


Appellant having moved for permission to proceed as a poor person and for assignment of counsel on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Cayuga on June 19, 2017,

Now, upon reading and filing the affidavit of Ponel J. sworn to March 13, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is dismissed with leave to renew upon making a new motion for the same relief that also includes a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).

Entered: July 25, 2018

Mark W. Bennett, Clerk