People v Calhoun, Charles Thomas
Motion No: 2004-11244
Slip Opinion No: 2007 NYSlipOp 86831(U)
Decided on December 19, 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

M63923

S/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2004-11244

The People, etc., respondent,

v Charles Thomas Calhoun, appellant.

(Ind. No. 8574/86)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to recall and vacate a decision and order on application of this court dated March 9, 2007, which granted his application to withdraw an appeal from an order of the Supreme Court, Kings County, dated December 7, 2004, 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 thereto, it is

ORDERED that the motion is granted, the order on application dated March 9, 2007, is recalled and vacated and the appeal is reinstated; 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.

PRUDENTI, P.J., CRANE, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court