In the Matter of Charles W. Toland v Kelli P. Mccoski as District Attorney of Montgomery County

Motion No: 530066

Slip Opinion No: 2020 NY Slip Op 64282(U)

Decided on March 5, 2020

Appellate Division, Third 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.

Decided and Entered: March 5, 2020 530066

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In the Matter of CHARLES W. TOLAND,                                                                  Appellant,
           v                      DECISION AND ORDER
                      ON MOTION
KELLI P. McCOSKI, as District Attorney of Montgomery County,
                                                       Respondent.
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Application, pursuant to CPLR 5520, for extension of time to file notice of appeal and to deem notice of appeal timely filed.

Motion for permission to proceed as a poor person, to proceed on original record and for assignment of counsel.

Upon the papers filed in support of the application and the motion, and no papers having been filed in opposition thereto, it is

ORDERED that the application is granted, without costs, and the notice of appeal is deemed timely filed, and it is further

ORDERED that the motion is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth sufficient facts so that the merit of the contentions underlying the appeal can be ascertained, as required by CPLR 1101 (a).
Egan Jr., J.P., Mulvey, Devine and Pritzker, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court