People v Parris, James
Motion No: 2003-09351
Slip Opinion No: 2006 NYSlipOp 65346(U)
Decided on March 20, 2006
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

M37290

F/

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2003-09351

The People, etc., respondent,

v James Parris, appellant.

(Ind. No. 03-00213)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered September 11, 2003, on the ground that the appellant is no longer available to obey the mandate of this court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).

ADAMS, J.P., MASTRO, FISHER, and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court