| People v Marston, Hardy |
| Motion No: 2004-00422 |
| Slip Opinion No: 2007 NYSlipOp 75043(U) |
| Decided on August 6, 2007 |
| 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
M58090
E/mv
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
EDWARD D. CARNI
WILLIAM E. McCARTHY, JJ.
|
2004-00422 The People, etc., respondent, v Hardy Marston, appellant. (Ind. No. 5526/02)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 15, 2003. Cross motion by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is granted, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
RIVERA, J.P., RITTER, CARNI and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court