| People v Guillen, Edwin |
| Motion No: 2004-02149 |
| Slip Opinion No: 2006 NYSlipOp 74185(U) |
| Decided on August 21, 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. |
Appellate Division: Second Judicial Department
M43520
S/sl
HOWARD MILLER, J.P.
ROBERT W. SCHMIDT
ROBERT A. LIFSON
JOSEPH COVELLO, JJ.
|
2004-02149 The People, etc., respondent, v Edwin Guillen, appellant. (Ind. No. 5569/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered February 4, 2004. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in relation thereto, it is
ORDERED that the application is granted and 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 September 29, 2006; and it is further,
ORDERED that the motion to dismiss the appeal is denied, without prejudice to renew if the appeal is not perfected.
MILLER, J.P., SCHMIDT, LIFSON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court