| People v Toney, Kenneth |
| Motion No: 2007-00462 |
| Slip Opinion No: 2018 NY Slip Op 60481(U) |
| Decided on January 8, 2018 |
| 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
M244291
E/rr
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2007-00462 The People, etc., respondent, v Kenneth Toney, appellant. (Ind. No. 1580D/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the County Court, Suffolk County, rendered December 1, 2006, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is dismissed without prejudice to renew upon proper papers, including proof of service upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, by ordinary mail pursuant to CPL 470.60(2).
BALKIN, J.P., LEVENTHAL, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court