People v Scala, Hugh
Motion No: 2007-08339
Slip Opinion No: 2010 NY Slip Op 76386(U)
Decided on July 7, 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

M105336

E/sl

HOWARD MILLER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2007-08339

The People, etc., respondent,

v Hugh Scala, appellant.

(Ind. No. 06-00505)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the County Court, Rockland County, rendered August 7, 2007, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal.

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

ORDERED that the motion is granted, and the appellant's time to perfect the appeal is enlarged; and it is further,

ORDERED that on or before September 7, 2010, the appellant shall either (1) perfect the appeal, (2) move for poor person relief and the assignment of counsel, or for poor person relief, or (3) retain counsel and advise the court of the name and address of retained counsel.

MILLER, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court