| People v Jones, Cecilia |
| Motion No: 2011-11869 |
| Slip Opinion No: 2018 NY Slip Op 82406(U) |
| Decided on September 5, 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
M254848
E/sl
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2011-11869 The People, etc., respondent, v Cecilia Jones, appellant. (Ind. No. 2376/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Suffolk County, rendered November 30, 2011, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for failure to prosecute. By decision and order on motion of this Court dated March 19, 2018, the appellant's motion was granted to the extent that counsel was assigned to respond to the respondent's motion, the appellant's motion was otherwise held in abeyance in the interim, the appellant's time to respond to the respondent's motion was extended, and the respondent's motion was held in abeyance in the interim. By order to show cause dated June 11, 2018, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, and the portion of the appellant's motion which was previously held in abeyance and the respondent's motion were continued to be held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the motions to dismiss the appeal are granted, and the appeal is dismissed (22 NYCRR 670.4[a][2]); and it is further,
ORDERED that the portion of the appellant's motion which was previously held in abeyance is denied as academic.
DILLON, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court