People v Roque, Darwin
Motion No: 2007-01917
Slip Opinion No: 2009 NY Slip Op 83896(U)
Decided on September 23, 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

M92327

E/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

ANITA R. FLORIO

JOHN M. LEVENTHAL, JJ.

2007-01917

The People, etc., respondent,

v Darwin Roque, appellant.

(Ind. No. 2550-04)

DECISION & ORDER ON MOTION

Motion by the appellant to restore to active status an appeal from a judgment of the County Court, Queens County, rendered February 7, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal.

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 the motion is granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

RIVERA, J.P., SPOLZINO, FLORIO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court