People v Vasquez, Kim
Motion No: 2015-09373
Slip Opinion No: 2016 NY Slip Op 79146(U)
Decided on July 8, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M214239

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2015-09373

The People, etc., respondent,

v Kim Vasquez, appellant.

(Ind. No. 14-00213)

DECISION & ORDER ON MOTION

Appeal by Kim Vasquez from a judgment of the County Court, Rockland County, rendered June 23, 2015. By order to show cause dated April 7, 2016, the parties were 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 the notice of appeal from the judgment was untimely. Motion by the appellant pro se for leave to file a late notice of appeal.

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 no papers having been filed in opposition or in relation thereto, it is it is

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

ORDERED that the appellant's motion is granted and the appellant's motion papers are deemed to constitute a timely notice of appeal.

DILLON, J.P., BALKIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court