People v Mulleavey, Andrew
Motion No: 2002-04947 +1
Slip Opinion No: 2006 NYSlipOp 77000(U)
Decided on October 2, 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

M45281

C/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

FRED T. SANTUCCI

DANIEL F. LUCIANO, JJ.

2002-04947, 2002-04948

The People, etc., respondent,

v Andrew Mulleavey, appellant.

(Ind. Nos. 00-00567, 00-00569)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two amended judgments of the Supreme Court, Westchester County, both rendered April 22, 2002, to dismiss the appeals for failure to timely perfect the same.

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

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

ORDERED that on the court's own motion, on or before November 21, 2006, the appellant shall either (1) retain counsel and advise the court that counsel has been retained, (2) move for poor person relief, or (3) perfect the appeals.

MILLER, J.P., CRANE, SANTUCCI and LUCIANO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court