| People v Carini, Albert J. |
| Motion No: 2013-08247 |
| Slip Opinion No: 2018 NY Slip Op 91134(U) |
| Decided on December 14, 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
M258264
E/afa
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
ANGELA G. IANNACCI, JJ.
|
2013-08247 The People, etc., respondent, v Albert J. Carini, appellant. (Ind. No. 2033/12)
| 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 July 19, 2013, which was deemed abandoned.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to renew in the event that the appellant fails to move to restore the appeal to active status and either move for poor person relief and for the assignment of counsel, advise this Court, in writing, that he will be proceeding pro se, or advise this Court, in writing, that he has retained counsel and provide the name, address, and telephone number of retained counsel, on or before January 14, 2019.
BALKIN, J.P., AUSTIN, MILLER and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court