| People of State of New York v Hoffman |
| Motion No: 2006-05226 |
| Slip Opinion No: 2008 NYSlipOp 71010(U) |
| Decided on May 5, 2008 |
| 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
M69868
G/sl
DAVID S. RITTER, J.P.
FRED T. SANTUCCI
HOWARD MILLER
RUTH C. BALKIN, JJ.
|
2006-05226 People of State of New York, respondent, v David A. Hoffman, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to recall and vacate a decision and order on motion of this court dated February 5, 2008, which dismissed an appeal from an order of the Supreme Court, Dutchess County, dated April 21, 2006, pursuant to 22 NYCRR 670.8(e) for failure to timely perfect the same, to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed 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 February 5, 2008, is recalled and vacated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until May 23, 2008, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted.
RITTER, J.P., SANTUCCI, MILLER and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court