| People v Scharoun, Willy |
| Motion No: 2004-03686 |
| Slip Opinion No: 2012 NY Slip Op 93118(U) |
| Decided on December 7, 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
M147464
E/sl
RANDALL T. ENG, P.J.
DANIEL D. ANGIOLILLO
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
|
2004-03686 The People, etc., respondent, v Willy Scharoun, appellant.
(Ind. No. 9665/00)
| DECISION & ORDER ON MOTION |
Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered April 22, 2004, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for poor person relief and for the assignment of counsel. By decision and order on motion of this Court dated October 26, 2012, the appellant was 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 he had abandoned the appeal and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been 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 motion to dismiss the appeal is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the appellant's motion is denied as academic.
ENG, P.J., ANGIOLILLO, SGROI and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court