Opinion
Motion No. 2021-02648 Index No. 53903/2020
06-17-2022
People, etc., ex rel. Lisa Napoli, on behalf of Amin Laboriel, appellant, v. Anthony J. Annucci, etc., et al., respondents.
Unpublished Opinion
MOTION DECISION
M283539
COLLEEN D. DUFFY, J.P., VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated March 24, 2021. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated February 18, 2022, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the appeal has been rendered academic, counsel was assigned to respond to the order to show cause, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further, ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted; and it is further, ORDERED that pursuant to Judiciary Law § 35 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken; and it is further, ORDERED that payment of the filing fee is waived.
DUFFY, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.