People v Flanders, James, Jr.
Motion No: 2004-05792
Slip Opinion No: 2007 NYSlipOp 76624(U)
Decided on August 29, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59030

E/cb

HOWARD MILLER, J.P.

FRED T. SANTUCCI

ROBERT A. LIFSON

DANIEL D. ANGIOLILLO, JJ.

2004-05792

The People, etc., respondent,

v James Flanders, Jr., appellant.

(Ind. No. 546-04)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered June 10, 2004, for failure to perfect the same in accordance with the rules of this court (see NYCRR 670.8[f]). Separate motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion to dismiss the appeal, and the papers filed in relation to the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied as academic.

MILLER, J.P., SANTUCCI, LIFSON and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court