| People v Tomassi, James |
| Motion No: 2012-02117 |
| Slip Opinion No: 2012 NY Slip Op 81573(U) |
| Decided on August 15, 2012 |
| 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
M141630
S/sl
ANITA R. FLORIO, J.
|
2012-02117
The People, etc., respondent, v James Tomassi, appellant. (Ind. No. 2544-10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pursuant to CPL 460.50 for a stay of execution of so much of a judgment of the Supreme Court, Suffolk County, rendered September 28, 2011, as imposed a surcharge of $520 on him.
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 the motion is denied as academic in light of the decision and order on motion of this Court dated July 13, 2012, which dismissed the appeal from the judgment rendered September 28, 2011, on the ground that the appeal was untimely taken.
ANITA R. FLORIO
Associate Justice