| People of State of New York v Elijah Gough |
| Motion No: 2014-01362 QCR |
| Slip Opinion No: 2015 NY Slip Op 75423(U) |
| Decided on May 28, 2015 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Elijah Gough, Respondent. |
Motion by respondent to dismiss an appeal from orders of the Criminal Court of the City of New York, Queens County, entered December 4, 2013 and May 30, 2014, respectively, for failure to properly perfect, or, in the alternative, for an enlargement of time to file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that so much of the appeal as is from the order entered December 4, 2013 is dismissed, as that order was superseded by the order entered May 30, 2014, made upon reargument; and it is further,
ORDERED, on the court's own motion, that the remainder of the appeal is stricken from the appeals calendar and the general calendar on the ground that the record transmitted to this court does not include settled transcripts of all of the pretrial proceedings (see Rules of App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] 731.1 [b]), as the only transcript that has been included in the record is the transcript of the July 30, 2013 proceedings; and it is further,
ORDERED that respondent's motion is denied without prejudice to renewal after the matter has been restored to the general calendar.
Page 1 It is noted that appellant has not moved for leave to submit the appeal on an abridged record dispensing with any of the transcripts of the pretrial proceedings (see Rules of App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] 731.1 [b] [2]).
ENTER:
Paul Kenny
Chief Clerk
Page 2