Opinion
2011-1903 S C
01-11-2012
The People of The State of New York, Respondent, v. Kenneth Kodak, Appellant.
, J.P.
FRANCIS A. NICOLAI
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
Motion by respondent to dismiss an appeal from a judgment of the District Court of Suffolk County, First District, entered May 27, 2011, for failure to prosecute.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied and the appeal shall be perfected by March 2, 2012 (see Rules of the App Term, 9th & 10th Jud Dists [22 NYCRR] § 732.8 [a]); and it is further,
ORDERED that in the event the appeal is not perfected on or before March 2, 2012, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.
ENTER:
Paul Kenny
Chief Clerk