People v Phillips, Gerald
Motion No: 2007-01285
Slip Opinion No: 2009 NYSlipOp 63546(U)
Decided on February 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M82482

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2007-01285, 2008-01144

The People, etc., respondent,

v Gerald Phillips, appellant.

(Ind. No. 1268/05)

DECISION & ORDER ON MOTION

Motion by the appellant to reinstate an appeal from a judgment of the Supreme Court, Queens County, rendered December 20, 2006, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect that appeal as well as an appeal from a judgment of the same court rendered January 17, 2008.

Upon the papers filed in support of the motion and the papers filed in relation or opposition thereto, it is

ORDERED that the motion is granted, and the appeal from the judgment rendered December 20, 2006 (Appellate Division Docket No. 2007-01285), is reinstated; and it is further,

ORDERED that the appellant's time to perfect the appeals by causing the original papers constituting the record on the appeals to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing his brief on the appeal is enlarged until March 16, 2009.

RITTER, J.P., SANTUCCI, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court