Appellate Division: Second Judicial Department

M56928

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE, JJ.

2005-03275, 2007-00019 The People, etc., respondent, v Simon Samandarov, appellant. (Ind. No. 350/04)

DECISION & ORDER ON MOTION

Appeals by Simon Samandarov from a judgment of the Supreme Court, Queens County, rendered March 15, 2005, and an order of the same court dated November 12, 2006. By decision and order on motion dated August 4, 2005, the appellant's motion for leave to prosecute the appeal from the judgment as a poor person and for the assignment of counsel was denied with leave to renew. The motion has not been renewed and the appeal from the judgment has not been perfected. By order to show cause dated June 4, 2007, as amended June 21, 2007, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal from the judgment on the ground that he abandoned the appeal from the judgment.

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the order to show cause to dismiss the appeal from the judgment is denied; and it is further,

ORDERED that appellant's time to perfect the appeals is enlarged; appellant's counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that on the court's own motion, the appeal from the judgment is consolidated with the appeal from the order dated November 12, 2006.

PRUDENTI, P.J., MILLER, SCHMIDT and CRANE, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court