| People v Cruz, Shakespeare |
| Motion No: 2012-05879 |
| Slip Opinion No: 2013 NY Slip Op 85153(U) |
| Decided on September 12, 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. |
Appellate Division: Second Judicial Department
M161870
S/sl
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
JOHN M. LEVENTHAL
PLUMMER E. LOTT, JJ.
|
2012-05879 The People, etc., respondent, v Shakespeare Cruz, appellant. (Ind No. 09-854)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss a purported appeal from a decision and order on motion of this Court dated May 31, 2013, which denied the defendant's motion for leave to reargue his prior motion, inter alia, for leave to file a late notice of appeal from a judgment of the Supreme Court, Westchester County, rendered February 3, 2010, which was determined by decision and order on motion of this Court dated August 13, 2012.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied as unnecessary as no appeal from the order dated May 13, 2013, is pending in this court.
DILLON, J.P., ANGIOLILLO, LEVENTHAL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court