Appellate Division: Second Judicial Department

M205231

J/ct

MARK C. DILLON, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2002-01259 The People, etc., respondent, v Juan Molina, appellant. (Ind. No. 11185/00)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered January 30, 2002, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel. By order to show cause dated April 9, 2014, inter alia, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the branch of the appellant's motion which was, in effect, to restore the appeal to active status, to enlarge the time to perfect the appeal, for leave to prosecute the appeal as a poor person, and for the assignment of counsel, was granted to the extent that counsel was assigned to respond to the order to show cause and that branch of the motion was otherwise held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and 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 granted, and the appeal is dismissed (see People v Taveras, 10 NY3d 227); and it is further,

ORDERED that the branch of the appellant's motion that was previously held in abeyance is denied as academic.

DILLON, J.P., HALL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court