Opinion
2021-75422 Ind. 20001/2018
12-01-2021
Unpublished Opinion
MOTION DECISION
ROBERT J. MILLER, J.P., COLLEEN D. DUFFY, JOSEPH A. ZAYAS, LARA J. GENOVESI, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered February 5, 2018, which was deemed withdrawn by decision and order on application of this Court dated March 3, 2021. Motion by the appellant pro se, in effect, to recall and vacate so much of the decision and order on application of this Court dated March 3, 2021, as deemed the appeal withdrawn, to reinstate the appeal, and for leave to prosecute the appeal as a poor person and for the assignment of counsel.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 thereto, it is
ORDERED that the branch of the motion which is, in effect, to recall and vacate so much of the decision and order on application of this Court dated March 3, 2021, as deemed the appeal withdrawn and to reinstate the appeal is denied; and it is further, ORDERED that the motion is otherwise denied as academic.
MILLER, J.P., DUFFY, ZAYAS and GENOVESI, JJ., concur.