People v Ingram, Kevin
Motion No: 2006-09270
Slip Opinion No: 2009 NY Slip Op 72888(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86826

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2006-09270

The People, etc., respondent,

v Kevin Ingram, appellant.

(Ind. No. 1334-95)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from an order of the County Court, Suffolk County, dated July 31, 2006, issued pursuant to chapter 643 of the Laws 2005, 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 the papers 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