| People v Rodriguez, Cesar |
| Motion No: 2008-03579 |
| Slip Opinion No: 2010 NY Slip Op 71619(U) |
| Decided on May 14, 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. |
Appellate Division: Second Judicial Department
M102585
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
ANITA R. FLORIO
RUTH C. BALKIN, JJ.
|
2008-03579 The People, etc., respondent, v Cesar Rodriguez, appellant. (Ind. No. 9688/06)
| DECISION & ORDER ON MOTION Motion to Dismiss Appeal |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered April 3, 2008, for failure to timely perfect.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew after June 15, 2010, in the event that the appellant does not (1) move to restore the appeal to active status (see 22 NYCRR 670.8[f]) and advise the court that he has retained counsel or will be proceeding pro se, or (2) move to restore the appeal to active status (see 22 NYCRR 670.8[f]), for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
RIVERA, J.P., DILLON, FLORIO and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court