| People of State of New York v Kenneth Kodak |
| Motion No: 2011-01903 sc |
| Slip Opinion No: 2012 NY Slip Op 61404(U) |
| Decided on January 11, 2012 |
| 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
JOHN R. LaCAVA, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of The State of New York, Respondent, v Kenneth Kodak, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of the District Court of Suffolk County, First District, entered May 27, 2011, for failure to prosecute.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by March 2, 2012 (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8 [a]); and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2012, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk