People of State of New York v Moriah
Motion No: 2007-10139
Slip Opinion No: 2008 NYSlipOp 74105(U)
Decided on June 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M71565

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

THOMAS A. DICKERSON

JOHN M. LEVENTHAL, JJ.

2007-10139

People of State of New York, respondent,

v Leonard Moriah, appellant.

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from an order of the County Court, Westchester County, dated September 28, 2007, to be relieved of the assignment on the ground that the appellant failed to communicate with counsel. Separate motion by the respondent to dismiss the appeal on the ground that the appellant has abandoned the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel 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., RITTER, DICKERSON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court