People v Malik, Azad
Motion No: 2008-06958
Slip Opinion No: 2010 NY Slip Op 64514(U)
Decided on March 1, 2010
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

M99204

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2008-06958

The People, etc., respondent,

v Azad Malik, appellant.

(Ind. No. 6741/06)

DECISION & ORDER ON APPLICATION

Application by the appellant to withdraw an appeal from a judgment of the Supreme Court, Kings County, rendered May 30, 2008 (Appellate Division Docket No. 2008-06958), with leave to reinstate the appeal, if necessary, or, in effect, to vacate a stay issued pursuant to CPL 530.45 by decision and order on motion of this court dated March 21, 2008, under Appellate Division Docket No. 2008-02524, which was extended by decision and order on motion of this court dated October 20, 2008, and extended again by decision and order on motion of this court dated March 5, 2009.

Upon the papers filed in support of the application and the no papers having been filed in opposition thereto, it is

ORDERED that the branch of the application which is, in effect, to vacate the stay issued pursuant to CPLR 530.45 is granted and the stay is vacated forthwith; and it is further,

ORDERED that the application is otherwise denied.

PRUDENTI, P.J., MASTRO, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court