People v Kearney, Esua
Motion No: 2007-07901
Slip Opinion No: 2009 NY Slip Op 86948(U)
Decided on October 26, 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

M93611

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

JOSEPH COVELLO

LEONARD B. AUSTIN, JJ.

2007-07901

The People, etc., respondent,

v Esua Kearney, appellant.

(Ind. No. 2995/05)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered August 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 the papers filed 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., FISHER, COVELLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court