People v Alfaro, Yerix
Motion No: 2013-00803
Slip Opinion No: 2018 NY Slip Op 60609(U)
Decided on January 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M244253

E/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2013-00803

The People, etc., respondent,

v Yerix Alfaro, appellant.

(Ind. Nos. 2481-11, 1853-12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss, for failure to prosecute, appeals from two judgments of the County Court, Suffolk County, both rendered January 8, 2013, which were deemed abandoned pursuant to 22 NYCRR 670.8(f). Application by the appellant, in effect, to restore the appeals to active status and to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, Upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeals is enlarged, and the appellant's counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court