2012-1537 S CR. PEOPLE v. ZELAYA, JOSE — Motion by respondent to dismiss an appeal from an order of the District Court of Suffolk County, First District, rendered December 22, 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 as moot, as the appeal was dismissed as untimely by decision and order of this court dated September 6, 2012.