| People of State of New York v Michael J. Cavilla |
| Motion No: 2006-01326 SCR 07-21-2008 |
| Slip Opinion No: 2008 NYSlipOp 83246(U) |
| Decided on August 27, 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 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- MICHAEL J. CAVILLA, Appellant. |
DECISION
That branch of the motion by appellant, in essence, to vacate dismissal of the appeal is granted and the appeal shall be perfected by November 7, 2008.
That branch of the motion seeking, in essence, to compel the court below to file the record on appeal with this court is granted and the court below shall within 20 days of service by appellant upon it of copies of the instant motion and order hereon forward the record to this court.