Appellate Division: Second Judicial Department

M66178

E/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2001-03273 The People, etc., respondent, v Joseph Legerme, appellant. (Ind. No. 00-00402)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Rockland County, rendered March 14, 2001. By decision and order on motion dated September 13, 2002, the respondent's cross motion to dismiss the appeal as abandoned was denied, with leave to renew in the event that, on or before December 12, 2002, the appellant fails to either (1) perfect the appeal, (2) notify the court that he has retained counsel to perfect the appeal, or (3) move for leave to prosecute the appeal as a poor person and for the assignment of counsel. The appellant has not performed any of the acts specified in the decision and order on motion dated September 13, 2002. By order to show cause dated December 10, 2007, the appellant was directed to show cause before this court why this appeal should or should not be dismissed on the ground that he had abandoned the appeal by failing to perform any of the acts specified in the decision and order on motion dated September 13, 2002.

Upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court