Appellate Division: Second Judicial Department

M167791

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

1998-07685 The People, etc., respondent, v Pedro Severino, appellant. (Ind. No. 12887/96)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 1998, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal. By order to show cause dated November 6, 2013, the appellant was directed to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that he had abandoned the appeal, and the appellant's motion was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the appellant is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing his/her brief on the appeal is enlarged until April 24, 2014.

RIVERA, J.P., DILLON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court