| People ex rel. Gibson v McCarthy |
| Motion No: 2020-04209 |
| Slip Opinion No: 2023 NY Slip Op 60885(U) |
| Decided on January 23, 2023 |
| 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
M286992
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LINDA CHRISTOPHER
JANICE A. TAYLOR, JJ.
|
2020-04209 The People, etc., ex rel. Anthony Gibson, appellant, v Timothy McCarthy, etc., respondent. (Index No. 3405/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 20, 2020, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal, to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal is denied; and it is further,
ORDERED that the motion is otherwise denied as academic.
CONNOLLY, J.P., MILLER, CHRISTOPHER and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court