People of State of New York v Philip J. Messina
Motion No: 2010-00553 scr
Slip Opinion No: 2010 NY Slip Op 78357(U)
Decided on July 27, 2010
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

FRANCIS A. NICOLAI, P.J.

MELVYN TANENBAUM

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2010-553 S CR
The People of the State of New York, Respondent, v Philip J. Messina, Appellant.

Motion by appellant in effect to vacate the dismissal of an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered February 24, 2010.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,

ORDERED that the motion by appellant in effect to vacate the dismissal of the appeal is granted and the appeal shall be perfected by November 5, 2010.

ENTER:

Paul Kenny

Chief Clerk