Appellate Division: Second Judicial Department

M147966

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2009-00556, 2009-00570 The People, etc., respondent, v Edwin Frazier, appellant. (Ind. Nos. 565/07, 573/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss as abandoned appeals from two judgments of the Supreme Court, Suffolk County, both rendered December 5, 2008, under Indictment Numbers 565-07, and 573-07. Separate motion by the appellant, in effect, to restore to active status the appeal from a judgment of the same court, rendered December 5, 2008, under Indictment Number 565-07, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeals, for leave to have Robert Didio appear as private counsel, and to "deem[] the appeal[s] noticed as to both indictments."

Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the respondent's motion is denied; and it is further,

ORDERED that the branch of the appellant's motion which is, in effect, to restore the appeal to active status and to enlarge the time to perfect the appeals is granted, the appellant's time to perfect the appeals is enlarged, and the appellant shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the appellant's motion is otherwise denied as unnecessary.

SKELOS, J.P., BALKIN, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court