Opinion
Motion No: 530066
03-05-2020
In the Matter of CHARLES W. TOLAND, Appellant, v. KELLI P. McCOSKI, as District Attorney of Montgomery County, Respondent.
DECISION AND ORDER ON MOTION
Application, pursuant to CPLR 5520, for extension of time to file notice of appeal and to deem notice of appeal timely filed.
Motion for permission to proceed as a poor person, to proceed on original record and for assignment of counsel.
Upon the papers filed in support of the application and the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the application is granted, without costs, and the notice of appeal is deemed timely filed, and it is further
ORDERED that the motion is denied, without costs, and without prejudice to renewal supported by an affidavit setting forth sufficient facts so that the merit of the contentions underlying the appeal can be ascertained, as required by CPLR 1101 (a).
Egan Jr., J.P., Mulvey, Devine and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court