| People v Oliver, Kevin |
| Motion No: 2007-03250 |
| Slip Opinion No: 2010 NY Slip Op 78754(U) |
| Decided on August 3, 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
M106578
E/ct
REINALDO E. RIVERA, J.P.
FRED T. SANTUCCI
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2007-03250 The People, etc., respondent, v Kevin Oliver, appellant. (Ind. No. 399/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to recall and vacate a decision and order on motion of this court dated May 26, 2010, which dismissed an appeal from a judgment of the County Court, Nassau County, rendered January 30, 2007, for failure to timely perfect in accordance with the rules of this court (see 22 NYCRR 670.8[f]; CPL 470.60[1]), to reinstate the appeal, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the decision and order on motion of this court dated May 26, 2010, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged until October 4, 2010.
RIVERA, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court