People v Kocaj, Frank
Motion No: 2001-08293
Slip Opinion No: 2009 NYSlipOp 66870(U)
Decided on March 18, 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

M83567

E/cb

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2001-08293

The People, etc., respondent,

v Frank Kocaj, appellant.

(Ind. No. 00-06034)

DECISION & ORDER ON MOTION

Motion by appellant on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 16, 2001, for leave to reargue that branch of his prior motion which was, in effect, for summary reversal on the ground that certain transcripts are missing, which was determined by decision and order on motion dated January 5, 2009.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal 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 briefon the appeal is enlarged until May 11, 2009; and it is further,

ORDERED that no further enlargement of time shall be granted.

FISHER, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court