People v Moses, Dennis
Motion No: 2004-08878
Slip Opinion No: 2009 NY Slip Op 82884(U)
Decided on September 14, 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

M91821

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2004-08878

The People, etc., respondent,

v Dennis Moses, appellant.

(Ind. No. 1469/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered September 28, 2004. By decision and order on motion dated July 29, 2008, the respondent's motion to dismiss the appeal as abandoned was denied with leave to renew if the appellant failed, on or before September 2, 2008, to either move for poor person relief and the assignment of counsel, retain counsel and notify the court that he has done so, or perfect the appeal. The appellant did not comply with the decision and order on motion dated July 29, 2008. By order to show cause dated July 7, 2009, the appellant was directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]).

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed as abandoned (see 22 NYCRR 670.8[f]).

DILLON, J.P., COVELLO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court