| People of State of New York v Donald P. Rosendale |
| Motion No: 2006-00503 DCR |
| Slip Opinion No: 2007 NYSlipOp 61606(U) |
| Decided on January 22, 2007 |
| Appellate Term, 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 TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- DONALD P. ROSENDALE, Appellant. |
DECISION
That branch of the motion by appellant to vacate dismissal of the appeal is granted on condition that the appeal is perfected by April 6, 2007.
That branch of the motion for leave to appeal the order of May 4, 2006 which denied defendant's CPL 440.10 motion is granted and appeal from said order is consolidated with appeal number 2006-503.