| People of State of New York v Marshall |
| Motion No: 2019-07713 |
| Slip Opinion No: 2020 NY Slip Op 72772(U) |
| Decided on October 9, 2020 |
| 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
M273380
E/sl
WILLIAM F. MASTRO, J.P.
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2019-07713 People of State of New York, respondent, v Chantia Marshall, appellant. (Index No. 2006-00130)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Rockland County, dated May 10, 2019. Motion by the appellant, in effect, to extend the time to serve and file a brief, for poor person relief, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to serve and file a brief is granted, the appellant's time to serve the appellant's brief and upload a digital copy of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, is extended until November 9, 2020, and the appellant shall file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the motion is otherwise denied as unnecessary, as the appellant was granted leave to proceed as a poor person in the Supreme Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal, the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs, the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]), and the filing fee is waived (see CPLR 1102[d]); and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
MASTRO, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court