People v Russo, Anthony
Motion No: 2005-10279
Slip Opinion No: 2010 NY Slip Op 91628(U)
Decided on December 22, 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

M112589

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2005-10279

The People, etc., respondent,

v Anthony Russo, appellant.

(Ind. No. 05-00055)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated March 15, 2010, dismissing an appeal from a judgment of the County Court, Orange County, rendered October 7, 2005, for failure to timely perfect and to reinstate 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 denied.

FLORIO, J.P., DICKERSON, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court