People v Kocaj, Frank
Motion No: 2001-08293
Slip Opinion No: 2009 NY Slip Op 76631(U)
Decided on June 29, 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

M88489

E/cb

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2001-08293

The People, etc., respondent,

v Frank Kocaj, appellant.

(Ind. No. 00-06034)

DECISION & ORDER ON MOTION

Motion by appellant, in effect, for summary reversal of a judgment of the Supreme Court, Westchester County, rendered August 16, 2001, on the ground that certain transcripts are missing, or, in the alternative, to direct "the Westchester District Attorney's office to cease from interfering with [his] right to an appeal by preventing him from obtaining the complete trial transcript."

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed, for failure to perfect in accordance with the rules and prior orders of this court (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the motion is denied as academic.

SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court