People v Scarborough, Steven
Motion No: 2003-06044
Slip Opinion No: 2010 NY Slip Op 92210(U)
Decided on December 30, 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

M112584

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2003-06044

The People, etc., respondent,

v Steven Scarborough, appellant.

(Ind. No. 6972/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 23, 2003, as a poor person and for the assignment of counsel. By order to show cause dated November 25, 2009, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that he abandoned the appeal by failing to take any action to perfect the appeal until making the motion.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., ANGIOLILLO, ROMAN and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court