People v Diaz, Roey
Motion No: 2001-00759
Slip Opinion No: 2010 NY Slip Op 74452(U)
Decided on June 15, 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

M104261

E/ct

MARK C. DILLON, J.P.

HOWARD MILLER

DANIEL D. ANGIOLILLO

RANDALL T. ENG, JJ.

2001-00759

The People, etc., respondent,

v Roey Diaz, appellant.

(Ind. No. 3381/99)

DECISION & ORDER ON MOTION

Appeal by Roey Diaz from a judgment of the Supreme Court, Queens County, rendered January 10, 2001. By order to show cause dated April 14, 2010, 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 had 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]).

DILLON, J.P., MILLER, ANGIOLILLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court