Opinion
Motion No: M-7964
12-10-2019
Defendant-appellant having moved for an extension of time within which to file an untimely notice of appeal from the judgment of the Supreme Court, New York County, rendered on or about May 14, 2019; for leave to prosecute said appeal as a poor person, and for leave to have the appeal heard 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 to the extent of deeming the moving papers as a timely filed notice of appeal. That branch of the motion seeking 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 his indigency and facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal, including the amount and sources of his income and a list of his property with its value. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.)
ENTERED: DECEMBER 10, 2019
__________ CLERK
Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing,Justices
M-7964
Ind. No. 533/18