| People of State of New York v Philip J. Messina |
| Motion No: 2010-00553 scr |
| Slip Opinion No: 2011 NY Slip Op 63611(U) |
| Decided on February 3, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
MELVYN TANENBAUM
JOHN R. LACAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Philip J. Messina, Appellant. |
Motion by appellant to vacate an order of this court dated November 16, 2010, which dismissed an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered February 24, 2010.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted, the order dated November 16, 2010 is vacated, and the appeal shall be perfected by March 4, 2011.
ENTER:
Paul Kenny
Chief Clerk