| People v Dugger, Jose |
| Motion No: 2002-02813 |
| Slip Opinion No: 2009 NY Slip Op 72884(U) |
| Decided on May 20, 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
M86836
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
THOMAS A. DICKERSON, JJ.
|
2002-02813 The People, etc., respondent, v Jose Dugger, appellant. (Ind. No. 97/01)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered February 28, 2002, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated April 8, 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 of lack of prosecution (see 22 NYCRR 670.8[f]), and the motion was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the appellant's motion is denied as academic.
FISHER, J.P., DILLON, COVELLO and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court