| People v Brown, D'Juan |
| Motion No: 2004-00129 |
| Slip Opinion No: 2007 NYSlipOp 86685(U) |
| Decided on December 18, 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
M63870
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
THOMAS A. DICKERSON, JJ.
|
2004-00129 The People, etc., respondent, v D'Juan Brown, appellant. (Ind. No. 3069/02)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated September 26, 2007, which dismissed an appeal from a judgment of the Supreme Court, Kings County, rendered November 25, 2003, as abandoned, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated September 26, 2007, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged; the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
SPOLZINO, J.P., FLORIO, SKELOS and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court