People v Index No. 400535/01 J. Ocasio Warden Repondent.

Motion No: M-6622

Slip Opinion No: 2019 NYSlipOp 68193(U)

Decided on April 18, 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.

April 18, 2019

The People of the State of New York

ex rel. James Berry,

Petitioner-Appellant,

v

Index No. 400535/01

J. Ocasio, Warden, Respondent-Repondent.

Petitioner-appellant having moved for an order deeming his notice of appeal, dated February 5, 2018, from an order of the Supreme Court, Bronx County, entered on or about February 14, 2001, as timely filed, 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 denied (CPLR 5513[a]). ENTERED: April 18, 2019

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing, Justices

M-6622

Ind. No. 9336/99