| Matter of Reaves v Kings County District Attorney's Office |
| Motion No: 2019-00600 |
| Slip Opinion No: 2019 NY Slip Op 86784(U) |
| Decided on December 24, 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
M268413
kbp/
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
LINDA CHRISTOPHER, JJ.
|
2019-00600 In the Matter of Kevin Reaves, appellant, v Kings County District Attorney's Office, responden (Index No. 3211/17)
| DECISION & ORDER ON MOTION t. |
Motion by the appellant, inter alia, in effect, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of an appeal from a judgment of the Supreme Court, Kings County, dated May 30, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(c), is granted, and the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]) and by serving and filing a brief on the appeal is extended until February 7, 2020; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, COHEN and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court