People v Farace, Peter
Motion No: 1998-11452
Slip Opinion No: 2006 NYSlipOp 69224(U)
Decided on May 24, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M40044

E/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

MARK C. DILLON, JJ.

1998-11452

The People, etc., respondent,

v Peter Farace, appellant.

(Ind. No. 3132/98)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered November 24, 1998, as abandoned.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is denied, with leave to renew upon proof of service of the motion upon the appellant and the appellant's attorney (see CPL 470.60[2]).

MILLER, J.P., GOLDSTEIN, SPOLZINO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court