People v Avant, Rickey
Motion No: 2009-00273
Slip Opinion No: 2009 NYSlipOp 66798(U)
Decided on March 17, 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

M83920

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2009-00273

The People, etc., respondent,

v Rickey Avant, appellant.

(Ind. No. 977/00)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered July 12, 2000. By order to show cause dated January 23, 2009, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the time in which to seek leave to file a late notice of appeal has expired.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed (see CPL 460.10[1][a], 460.30).

RIVERA, J.P., RITTER, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court