| People v Barnett, Frank |
| Motion No: 2005-07388 |
| Slip Opinion No: 2018 NY Slip Op 62543(U) |
| Decided on January 29, 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
M245337
E/afa
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2005-07388 The People, etc., respondent, v Frank Barnett, appellant. (Ind. No. 1860-04)
| 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 June 21, 2005, which was deemed abandoned pursuant to 22 NYCRR 670.8(f).
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied, without prejudice to renew upon proper papers, including proof of service upon the appellant, inter alia, at his last known place of residence or, if he is imprisoned, at the institution at which he is confined (see CPL 470.60[2]), or, if so advised, to make a motion to abate the appeal pursuant to People v Mintz (20 NY2d 770).
DILLON, J.P., HINDS-RADIX, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court