Appellate Division: Second Judicial Department

M44511

E/nl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

2004-11241 The People, etc., respondent, v Michael Jenkins, appellant. (Ind. No. 03-01335)

DECISION & ORDER ON MOTION

Appeal by Michael Jenkins from a judgment of the County Court, Westchester County, rendered December 3, 2004. By order to show cause dated June 23, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]). Motion by the respondent to dismiss the appeal as abandoned.

Upon the order to show cause, the papers filed in support of the motion, and the papers filed in opposition thereto, it is

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 December 14, 2006; and it is further,

ORDERED that the motion to dismiss the appeal brought by order to show cause and the respondent's motion to dismiss the appeal are denied.

CRANE, J.P., RITTER, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court