People v Alexander, Andre
Motion No: 2009-05972
Slip Opinion No: 2011 NY Slip Op 68416(U)
Decided on March 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M117530

V/

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

ROBERT J. MILLER, JJ.

2009-05972

The People, etc., respondent,

v Andre Alexander, appellant.

(Ind. No. 80-08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered May 1, 2009, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and the appellant's time to perfect the appeal is enlarged; retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court