People v Ortega-Aquino, Ubaldino
Motion No: 2013-02319
Slip Opinion No: 2019 NY Slip Op 64517(U)
Decided on March 4, 2019
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

M260620

E/afa

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2013-02319

The People, etc., respondent,

v Ubaldino Ortega-Aquino, appellant.

(Ind. No. 12-00004)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss, for failure to prosecute, an appeal from a judgment of the Supreme Court, Rockland County, rendered February 20, 2013, which was deemed abandoned pursuant to 22 NYCRR 1250.10(b).

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 at the appellant's last known address (see CPL 470.60[2]).

AUSTIN, J.P., COHEN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court