Madden v. Hynes

Full title: In the Matter of Edwin Madden, appellant, v. Charles Hynes, respondent.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 6, 2011

Motion No: 2011-05490 (N.Y. App. Div. Sep. 6, 2011)

Opinion

Motion No: 2011-05490 Index No. 9058/09M125208

09-06-2011

In the Matter of Edwin Madden, appellant, v. Charles Hynes, respondent.

WILLIAM F. MASTRO

, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file a late notice of an appeal from a judgment of the Supreme Court, Kings County, dated May 11, 2010, 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 or relation thereto, it is

ORDERED that the branch of the motion which is for leave to file a late notice of appeal is denied as unnecessary as the time to take an appeal has not expired (see CPLR 5513), and the motion papers are deemed to be a notice of appeal; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court