Opinion
Motion No: 527636
11-15-2018
DECISION AND ORDER ON MOTION
Motion to dismiss for failure of prosecution.
Application for permission to proceed as a poor person and for assignment of counsel.
Upon the papers filed in support of the motion and the application and the papers filed in response and in opposition to the motion, it is
ORDERED that the motion is denied, without costs, as unnecessary (see 22 NYCRR 1250.10 [a]), and it is further
ORDERED that the application for permission to proceed as a poor person is denied, without costs and without prejudice to renewal in the event appellant moves for and obtains vacatur of the dismissal of the appeal (see 22 NYCRR 1250.10 [c]), and it is further
ORDERED that the application for assignment of counsel is denied, without costs.
Lynch, J.P., Clark, Rumsey and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court