People v Aldeberto, Loaiza
Motion No: 2004-01285
Slip Opinion No: 2013 NY Slip Op 70016(U)
Decided on April 10, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M154210

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

2004-01285

The People, etc., respondent,

v Loaiza Aldeberto, appellant.

(Ind. No. 10710/03)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate a decision and order on motion of this Court dated January 13, 2005, which dismissed as abandoned an appeal from a judgment of the Supreme Court, Queens County, rendered January 7, 2004.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the decision and order on motion of this Court dated January 13, 2005, is recalled and vacated, and the appeal is reinstated.

SKELOS, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court