People v Scott, Kevin
Motion No: 1995-02700
Slip Opinion No: 2011 NY Slip Op 69795(U)
Decided on April 12, 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

M118496

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

JOHN M. LEVENTHAL

ARIEL E. BELEN, JJ.

1995-02700

The People, etc., respondent,

v Kevin Scott, appellant.

(Ind. No. 902/94)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 2, 1995, as a poor person and for the assignment of counsel. By order to show cause dated January 12, 2011, the parties or their attorneys were 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 the appellant has abandoned the appeal, and the appellant's motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the appeal is dismissed as abandoned; and it is further,

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

MASTRO, J.P., SKELOS, LEVENTHAL and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court