| People v Vargas, Henry |
| Motion No: 2013-00228 |
| Slip Opinion No: 2019 NY Slip Op 68001(U) |
| Decided on April 15, 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. |
Appellate Division: Second Judicial Department
M261924
E/mm
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2013-00228 The People, etc., respondent, v Henry Vargas, appellant. (Ind. No. 2435/95)
| DECISION & ORDER ON MOTION |
Motion by the appellant to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered December 3, 2012, which was deemed abandoned pursuant to former 22 NYCRR 670.8(f). Separate motion by the respondent pursuant to 22 NYCRR 1250.10(b) to dismiss the appeal for failure to prosecute.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion is granted; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is extended until June 14, 2019; and it is further,
ORDERED that the respondent's motion is denied.
LEVENTHAL, J.P., LASALLE, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court