| People v Struss, Anthony |
| Motion No: 2006-06978 |
| Slip Opinion No: 2009 NY Slip Op 73292(U) |
| Decided on May 22, 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
M86941
E/sl
ROBERT A. SPOLZINO, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2006-06978 The People, etc., respondent, DE v Anthony Struss, appellant. (Ind. No. 81/02)
| CISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a transcript of the County Court, Dutchess County, dated June 6, 2006, which determined the appellant's motion pursuant to Law 2005, ch 643, on the ground that no appeal lies from such a transcript or to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted (see Law 2005, ch 643; CPL 450.10, 450.30; cf. Ojeda v Metropolitan Playhouse, 120 AD2d 717); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is denied as academic.
SPOLZINO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court