People v Lopez, William
Motion No: 2013-07443
Slip Opinion No: 2013 NY Slip Op 84552(U)
Decided on September 9, 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

M161862

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

LEONARD B. AUSTIN, JJ.

2013-07443

The People, etc., appellant,

v William Lopez, respondent.

(Ind. No. 14536/89)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an oral order of the Supreme Court, Kings County, dated March 22, 2013, as untimely taken.

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

ORDERED that on the Court's own motion, the appeal is dismissed on the ground that the oral order was superseded by a written order of the same court dated May 6, 2013, from which an appeal has been taken (see Appellate Division Docket No. 2013-05852); and it is further,

ORDERED that the motion is denied as academic.

SKELOS, J.P., BALKIN, DICKERSON and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court