| People of State of New York v Georges Martial |
| Motion No: 2012-01665 ROCR |
| Slip Opinion No: 2022 NY Slip Op 60543(U) |
| Decided on January 11, 2022 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Georges Martial, Appellant. |
Appeal from a judgment of conviction of the Justice Court of the Village of Spring Valley, Rockland County, rendered March 2, 2011. By order dated December 31, 2015, the matter was remitted to the Justice Court "to afford defendant the opportunity to move, within 90 days of this decision and order, to vacate his plea." The appeal was held in abeyance in the interim, pending a report on the motion by the Justice Court. No motion was interposed and consequently no report rendered by the Justice Court.
By order dated October 20, 2021 appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before November 16, 2021. No response was filed by appellant.
On the court's own motion, it is
ORDERED that the appeal is dismissed.
ENTER:
Paul Kenny
Chief Clerk