People of State of New York v Weinberg
Motion No: 2010-00998
Slip Opinion No: 2018 NY Slip Op 71111(U)
Decided on May 1, 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

M249476

E/afa

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2010-00998

People of State of New York, respondent,

v Yona Weinberg, appellant.

DECISION & ORDER ON MOTION

2012-02482

People of State of New York, respondent,

v Yona Weinberg, appellant.

Appeals by Yona Weinberg from an order of the Supreme Court, Kings County, dated November 19, 2009, and the transcript of the proceedings which occurred before the Supreme Court, Kings County, in the above-entitled matter on February 8, 2012. By order to show cause dated February 20, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing both appeals for failure to timely perfect in accordance with the rules of this Court and dismissing the appeal from the transcript on the ground that no appeal lies from an unsigned transcript.

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

ORDERED that the motion to dismiss the appeals is granted to the extent that the appeal from the transcript is dismissed, without costs or disbursements, on the ground that no appeal lies from an unsigned transcript (see Ojeda v Metropolitan Playhouse, Inc., 120 AD2d 717), and the appeal from the order is dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules of this Court (see 22 NYCRR 670.8[e]), and the motion is otherwise denied as academic.

SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court