People v Thompson, Paul
Motion No: 1991-00114
Slip Opinion No: 2013 NY Slip Op 84238(U)
Decided on September 4, 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

M161715

J/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

1991-00114, 1991-00116

The People, etc., respondent,

v Paul Thompson, appellant.

(Ind. Nos. 4/89, 61/89)

DECISION & ORDER ON MOTION

Appeals by the defendant from two judgments of the Supreme Court, Richmond County, both rendered March 23, 1990.

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated February 14, 1991, in the above-entitled matter, is amended by deleting from the preamble thereof the date "February 14, 1990," and substituting therefor the date "March 23, 1990," and it is further,

ORDERED that the order to show cause of this Court dated July 3, 2013, in the above-entitled matter is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant pro se to restore to active status appeals from two judgments of the Supreme Court, Richmond County, both rendered March 23, 1990, which were deemed abandoned pursuant to 22 NYCRR 670.8(f), to enlarge the time to perfect the appeals, for poor person relief, and for the assignment of counsel.

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

ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that he has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before October 7, 2013; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

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

ENTER:

Aprilanne Agostino

Clerk of the Court