Appellate Division: Second Judicial Department

M92762

S/sl

A. GAIL PRUDENTI, P.J.

STEVEN W. FISHER

JOSEPH COVELLO

JOHN M. LEVENTHAL, JJ.

2004-05188 The People, etc., respondent, v Milton Jenkins, appellant. (Ind. No. 3788/03)

DECISION & ORDER ON MOTION Motion to Dismiss Appeal

Motion by the respondent to dismiss as abandoned an appeal from a judgment of the Supreme Court, Kings County, rendered May 14, 2004. Cross motion counsel assigned to represent the appellant by the Supreme Court, Kings County, for poor person relief, and for the assignment of counsel to prosecute the appeal. By decision and order on motion dated October 10, 2008, the appellant was directed to submit an affidavit (1) indicating that he is interested in prosecuting the appeal and (2) setting forth (a) his full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, and (b) if on bail before conviction, the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction, on or before November 12, 2008, and the motion and cross motion were held in abeyance in the interim. The appellant has not complied with the above directives.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the cross motion is denied as academic.

PRUDENTI, P.J., FISHER, COVELLO and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court