People v Smalls, Michael
Motion No: 2005-00207
Slip Opinion No: 2008 NYSlipOp 86191(U)
Decided on October 14, 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

M76926

F/

STEVEN W. FISHER, J.P.

JOSEPH COVELLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2005-00207

The People, etc., respondent,

v Michael Smalls, appellant.

(Ind. No. 2938/02)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered December 21, 2004.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

FISHER, J.P., COVELLO, McCARTHY, and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court