People v VanPelt, Edward
Motion No: 2000-10856
Slip Opinion No: 2010 NY Slip Op 78834(U)
Decided on August 4, 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

M106425

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2000-10856, 2000-11051

The People, etc., respondent,

v Edward VanPelt, appellant.

(Ind. No. 326/00)

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 November 1, 2000, docketed under Appellate Division Docket Nos. 2000-10856 and 2000-11051, for failure to timely perfect.

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 on the court's own motion, the appeal docketed under Appellate Division Docket No. 2000-11051 is dismissed as duplicative of the appeal docketed under Appellate Division Docket No. 2000-10856; and it is further,

ORDERED that the motion is granted and the appeal docketed under Appellate Division Docket No. 2000-10856 is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]).

DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court