People v Bongarzone, Francis
Motion No: 2016-06861
Slip Opinion No: 2016 NY Slip Op 93997(U)
Decided on December 9, 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

M222627

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2016-06861

The People, etc., respondent,

v Francis Bongarzone, appellant.

(Ind. No. 302/14)

DECISION & ORDER ON MOTION

Appeal by Francis Bongarzone from a judgment of the Supreme Court, Nassau County, rendered May 12, 2016. By order to show cause dated September 1, 2016, Francis Bongarzone was directed, inter alia, to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Geraldine Bongarzone was not authorized to file a notice of appeal on behalf of Francis Bongarzone.

Now, upon the order to show cause and no papers having been filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see Whitehead v Town House Equities, 8 AD3d 369), with costs or disbursements.

RIVERA, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court