| People of State of New York v Michael T. (anomynous) |
| Motion No: 2006-01210 ORCR |
| Slip Opinion No: 2008 NYSlipOp 66739(U) |
| Decided on March 7, 2008 |
| Appellate Term, 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 TERM : 9th and 11th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MICHAEL T. (ANOMYNOUS), Appellant. |
DECISION
That branch of the motion by appellant to vacate dismissal of the appeal is granted and appeal shall be perfected by May 2, 2008.
That branch of the motion seeking to compel the court below to file a return is granted and the court below shall within 21 days of service by appellant upon it of copies of the affidavit of errors and the order hereon, file with the clerk of this court the affidavit of errors and the court's return (CPL 460.10 [3] [d] [e]).
That branch of the motion, seeking, in essence, to reinstate and continue the stay of execution of judgment pending determination of appeal is granted.
Those branches of the motion seeking other and alternative relief are denied as academic.