Opinion
Motion No: M-3075
08-20-2019
The People of the State of New York, Respondent, v. Joseph Elliot, Defendant-Appellant.
Defendant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about May 30, 2019, for leave to prosecute the appeal as a poor person, on the original record and upon a reproduced appellant's brief, and for 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 only to the extent of deeming the moving papers a timely filed notice of appeal. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew upon defendant's submission of a detailed, notarized affidavit, pursuant to CPLR 1101(a), and 22 NYCRR 1250.4(d)(1) and (4), setting forth, inter alia, his indigency, the amount and sources of funds utilized to pay trial counsel's fee, if any, and to post bail in the Supreme Court, the disposition of those funds, and an explanation as to why similar funds are not available to prosecute this appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.)
ENTERED: August 20, 2019
__________ DEPUTY CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton,Justices
M-3075
Ind. No. 4594/16