People v Cordero, Juan
Motion No: 1998-06345
Slip Opinion No: 2009 NY Slip Op 87952(U)
Decided on November 5, 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

M93912

T/sl

FRED T. SANTUCCI, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

CHERYL E. CHAMBERS, JJ.

1998-06345

The People, etc., respondent,

v Juan Cordero, appellant.

(Ind. No. 9088/97)

DECISION & ORDER ON MOTION

On the court's own motion it is,

ORDERED that its decision and order on motion dated October 13, 2009, in the above entitled appeal is recalled and vacated, and the following decision and order is substituted therefore:

Motion by the appellant for leave to reargue his prior motion to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered June 8, 1998, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal, which was determined by decision and order on motion dated July 28, 2009.

Upon the papers filed in support of the motion and the papers filed in opposition 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.

SANTUCCI, J.P., ANGIOLILLO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court