| People v Roc, Fitzgerald |
| Motion No: 2013-05377 |
| Slip Opinion No: 2014 NY Slip Op 72164(U) |
| Decided on May 13, 2014 |
| 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
M173668
E/ct
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2013-05377 The People, etc., appellant, v Fitzgerald Roc, respondent. (Ind. No. 2432/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 19, 2013, for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto it is
ORDERED that the application is denied; and it is further,
ORDERED that the motion is granted and the appeal is dismissed (see 22 NYCRR 670.8[g]; CPL 470.60[1]).
SKELOS, J.P., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court