Opinion
September 4, 1970
Motion for permission to proceed as a poor person and for extension of time granted, and time extended 90 days from the date hereof; and in all other respects motion denied. The appeal may be perfected upon one typewritten copy of the record and six typewritten copies of the brief and appendix. All issues presented except one have already been reviewed upon appeal, and that issue is not only totally lacking in merit, but is contrary to contentions previously raised and, as the County Court noted, was raised some four years after the death of the attorney alleged to have made the misrepresentation. (See People v. Darling, 8 A.D.2d 641, cert. den. 361 U.S. 875; 10 A.D.2d 655; 12 A.D.2d 673; 16 A.D.2d 994, cert. den. 372 U.S. 924, 377 U.S. 1005; 18 A.D.2d 969; 25 A.D.2d 791; 25 A.D.2d 955; 27 A.D.2d 706; 29 A.D.2d 1052.) Herlihy, P.J., Reynolds, Aulisi, Staley, Jr., and Cooke, JJ., concur.