People v Rosa E. Delrosario

Motion No: M-5692

Slip Opinion No: 2019 NYSlipOp 61673(U)

Decided on January 29, 2019

Appellate Division, First 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.

January 29, 2019

The People of the State of New York,

Respondent,

v

Rosa E. Delrosario,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about February 14, 2018, for leave to prosecute the appeal as a poor person, on the original record and upon a reproduced appellant's brief, and for related relief,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted only to the extent of deeming the moving papers a timely filed notice of appeal. That branch of the motion which seeks poor person relief

is denied, with leave to renew, upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101(a), and in compliance with 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, the amount and source of fees paid to retained trial counsel, Ted Delvalle, Esq., and an explanation as to why similar funds are not available to prosecute this appeal. ENTERED: January 29, 2019

_____________________ DEPUTY CLERK

Present - Hon. David Friedman, Justice Presiding, Judith J. Gische Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-5692

Ind. No. 5358/16