People of State of New York v Heinlein
Motion No: 2019-06644
Slip Opinion No: 2023 NY Slip Op 74875(U)
Decided on October 11, 2023
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

M291485

AFA/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2019-06644

People of the State of New York, respondent,

v Anthony Heinlein, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Suffolk County, dated May 1, 2019. Motion by the appellant, in effect, to direct the Clerk of the County Court, Suffolk County, to comply with a subpoena served on May 12, 2022, requiring all documents constituting the record on appeal to be filed with the Acting Clerk of this Court (see 22 NYCRR 1250.9[a][4][i]).

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 as academic, as the documents constituting the record on appeal have been filed with the Acting Clerk of this Court; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the order dated May 1, 2019, is deemed to be a notice of appeal from an order of the same court dated May 9, 2019 (see CPLR 5512[a]).

MILLER, J.P., FORD, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court