| People v Nieves, Efren |
| Motion No: 2004-06201 |
| Slip Opinion No: 2009 NY Slip Op 82885(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. |
Appellate Division: Second Judicial Department
M91825
E/sl
PETER B. SKELOS, J.P.
ANITA R. FLORIO
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2004-06201 The People, etc., respondent, v Efren Nieves, appellant. (S.C.I. No. 04-00141)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered June 14, 2004, for failure to prosecute. Separate motion by the appellant pro se to relieve counsel assigned to prosecute the appeal.
Upon the papers filed in support of the motions, the papers filed in opposition to the motion to dismiss the appeal, and the papers filed in relation to the motion to relieve counsel assigned to prosecute the appeal, it is
ORDERED that the motions are denied; and it is further,
ORDERED that on or before October 13, 2009, the appellant's assigned counsel must consult with the appellant and either (1) make a motion to withdraw the brief already filed and file a replacement brief or (2) send a letter adopting the brief already filed.
SKELOS, J.P., FLORIO, COVELLO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court