People v Phillip, Arthur
Motion No: 2005-05978
Slip Opinion No: 2006 NYSlipOp 73311(U)
Decided on August 4, 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

M42916

T/cf

ANITA R. FLORIO, J.P.

ROBERT W. SCHMIDT

GLORIA GOLDSTEIN

ROBERT J. LUNN, JJ.

2005-05978

The People, etc., respondent,

v Arthur Phillip, appellant.

(Ind. No. 1632N-04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Nassau County, rendered May 31, 2005.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until October 2, 2006; and it is further,

ORDERED that no further enlargements of time shall be granted.

FLORIO, J.P., SCHMIDT, GOLDSTEIN and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court