People of State of New York
Motion No: 2006-01395 WCR
Slip Opinion No: 2008 NYSlipOp 83230(U)
Decided on August 26, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.

NO. 2006-1395 W CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-and-

CLIFTON CUTHBERTSON,

Appellant.

DECISION

Motion by respondent to dismiss the appeal as abandoned is denied without prejudice to renewal upon proper notice.

Service of the motion papers should have been made upon assigned counsel Marshall Goldstein, Esq.