Opinion
2021-68623 Motion 2021-01423
07-06-2021
The People of the State of New York, Respondent, v. Neftali Thomas Diaz, Defendant-Appellant. Index No. 570438/2018 No. 2021-01358
Unpublished Opinion
MOTION DECISION
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Cynthia S. Kern Peter H. Moulton, Justices.
Respondent having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about October 21, 2020, and for leave to prosecute the appeal as a poor person, assignment of counsel, and related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted. Appellant shall file a copy of the informational statement, pursuant to section 1250.3(a) of the Practice Rules of the Appellate Division, and a copy of this order, with the Clerk of the Appellate Term, with proof of service, pursuant to section 1250.14(f) of the Practice Rules of the Appellate Division.
The appeal will be heard on the original record and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files an original, and five hard copies, and if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division.
Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, New York, NY 10005, Telephone No. 212-577-2523, shall continue as counsel for defendant on the appeal to this Court.
The time within which appellant shall perfect this appeal is hereby extended until 180 days from the date of receipt of the complete record.