People v Nicasio, Darling
Motion No: 2007-06313
Slip Opinion No: 2009 NY Slip Op 90486(U)
Decided on December 7, 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

M95450

E/sl

REINALDO E. RIVERA, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2007-06313

The People, etc., respondent,

v Darling Nicasio, appellant.

(Ind. No. 06-00091)

DECISION & ORDER ON MOTION

Appeal by Darling Nicasio from a judgment of the County Court, Rockland County, rendered November 16, 2006. By order to show cause dated October 27, 2009, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed for failure to timely perfect (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

RIVERA, J.P., MILLER, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court