| People v Magarine, Dennis |
| Motion No: 2010-03771 |
| Slip Opinion No: 2011 NY Slip Op 60991(U) |
| Decided on January 11, 2011 |
| 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
M113728
E/sl
A. GAIL PRUDENTI, P.J.
MARK C. DILLON
ANITA R. FLORIO
PLUMMER E. LOTT, JJ.
|
2010-03771 The People, etc., respondent, v Dennis Magarine, appellant. (Ind. No. 2653/77)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to recall and vacate an order on application of this Court dated October 5, 2010, which dismissed an appeal from an order of the Supreme Court, Kings County, dated April 9, 2010, on the ground that the order dated April 9, 2010, is not appealable as of right or by permission (see Correction Law § 702; CPL 450.10, 450.15), and to reinstate the appeal.
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 motion is denied.
PRUDENTI, P.J., DILLON, FLORIO and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court