| People v Varner, Dyshawn |
| Motion No: 2002-08845 |
| Slip Opinion No: 2009 NYSlipOp 62434(U) |
| Decided on January 29, 2009 |
| 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
M81589
E/sl
REINALDO E. RIVERA, J.P.
HOWARD MILLER
JOSEPH COVELLO
WILLIAM E. McCARTHY, JJ.
|
2002-08845 The People, etc., respondent, v Dyshawn Varner, appellant. (Ind. No. 2252-01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss as abandoned an appeal from a judgment of the County Court, Suffolk County, rendered August 21, 2002. Cross motion by the appellant pro se to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and the papers filed in relation to the cross motion; it is
ORDERED that the branch of the cross motion which is to enlarge the time to perfect the appeal is denied; and it is further,
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the branches of the cross motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied as academic.
RIVERA, J.P., MILLER, COVELLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court