People v Johnstone, Sean
Motion No: 2011-03566
Slip Opinion No: 2013 NY Slip Op 78932(U)
Decided on July 3, 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

M158825

E/nl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-03566

The People, etc., respondent,

v Sean Johnstone, appellant.

(Ind. No. 4825/08)

DECISION & ORDER ON MOTION

Motion by the appellant to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered March 14, 2011, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal.

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 appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

MASTRO, J.P., AUSTIN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court