| People v Osorio, Marvin |
| Motion No: 2004-03772 |
| Slip Opinion No: 2006 NYSlipOp 82095(U) |
| Decided on December 15, 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
M48289
E/sl
DAVID S. RITTER, J.P.
ROBERT A. SPOLZINO
ROBERT J. LUNN
DANIEL D. ANGIOLILLO, JJ.
|
2004-03772 The People, etc., respondent, v Marvin Osorio, appellant. (Ind. No. 2319/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, rendered April 23, 2004, as abandoned. By decision and order on motion of this court dated May 6, 2005, that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person was granted and that branch of the appellant's motion which was to continue the assignment of Richard L. Gumo, Esq., as pro bono counsel was denied as unnecessary.
Upon 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, on or before January 16, 2007, Richard L. Gumo is directed to either (1) perfect the appeal or (2) move to substitute Michael Meenan as attorney of record upon proper stipulation of substitution, and the motion to dismiss is held in abeyance in the interim.
RITTER, J.P., SPOLZINO, LUNN and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court