People v Lue, Robert
Motion No: 2005-05517
Slip Opinion No: 2006 NYSlipOp 76452(U)
Decided on September 25, 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

M44897

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2005-05517

The People, etc., respondent,

v Robert Lue, appellant.

(Ind. No. 03-01661)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Westchester County, rendered April 26, 2005, in effect, to recall and vacate a decision and order on motion of this court dated July 14, 2005, granting the respondent's motion to dismiss the appeal, and to reinstate the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

RITTER, J.P., GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court