| People v Monroe, David L. |
| Motion No: 2007-08761 |
| Slip Opinion No: 2007 NYSlipOp 85830(U) |
| Decided on December 11, 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
M63235
S/sl
HOWARD MILLER, J.P.
ROBERT A. LIFSON
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2007-08761 The People, etc., respondent, v David L. Monroe, appellant. (Ind. No. 35-06)
| DECISION & ORDER ON MOTION |
On the court's own motion it is
ORDERED that the decision and order on motion of this court dated November 2, 2007, in the above-entitled action, which dismissed an appeal from an order of the Supreme Court, Orange County (IDV Part), dated August 28, 2007, on t he ground that the order was not appealable by right or by permission, is recalled and vacated; and it is further,
ORDERED that the appeal is reinstated as the appeal is actually from a judgment of the same court also dated August 28, 2007, which is appealable as of right (see CPL 450.10).
MILLER, J.P., LIFSON, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court