People v Cavalluzzi, Frank
Motion No: 2024-02410
Slip Opinion No: 2024 NY Slip Op 76483(U)
Decided on October 16, 2024
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300010

KS/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2024-02410

The People, etc., respondent,

v Frank Cavalluzzi, appellant.

(Ind. No. 1020/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered March 19, 2024. Motion by the appellant pro se 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 motion is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth (1) the source of the "other income" listed in paragraph sixteen of appellant's motion, (2) whether the "rent or mortgage payment" listed in paragraph sixteen of the appellant's motion is one or the other and, if a mortgage payment, the value of, equity in, and income derived from rent, if any, of the appellant's home, and (3) whether the appellant was represented by assigned counsel or retained counsel in the trial court and, if retained, the amount and source of counsel fees paid to retained counsel.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court