| People of State of New York v Jose Zelaya |
| Motion No: 2012-01537 scr |
| Slip Opinion No: 2012 NY Slip Op 86171(U) |
| Decided on September 28, 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
HECTOR D. LaSALLE, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Jose Zelaya, Appellant. |
Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, First District, rendered December 22, 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 as moot, as the appeal was dismissed as untimely by decision and order of this court dated September 6, 2012.
ENTER:
Paul Kenny
Chief Clerk