Opinion
Motion No: M-3032
08-08-2017
The People of the State of New York, Respondent, v. Juan Rosario, 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 December 4, 2014, 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 notice of appeal as timely filed. The motion, to the extent that it seeks poor person relief, is denied, with leave to renew, upon defendant's submission of a notarized affidavit, pursuant to CPLR 1101, setting forth facts sufficient to establish that defendant has no funds or assets with which to prosecute the appeal. (The application shall include an affidavit of the source[s] of all funds utilized by defendant.)
ENTERED: August 8, 2017
_____________________ CLERK
Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Karla Moskowitz Troy K. Webber, Justices
M-3032
Ind. No. 2644N/09