People v Fequieri, Daniel
Motion No: 2018-04378
Slip Opinion No: 2018 NY Slip Op 87989(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257147

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2018-04378

The People, etc., respondent,

v Daniel Fequieri, appellant.

(Ind. No. 2477/05)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Kings County, rendered January 5, 2006, as a poor person. By order to show cause dated September 10, 2018, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPL 460.30); and it is further,

ORDERED that the appellant's motion is denied as academic.

RIVERA, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court