People v Fuentes, Jose W.
Motion No: 2006-11791
Slip Opinion No: 2008 NYSlipOp 85656(U)
Decided on October 8, 2008
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

M76685

E/sl

DAVID S. RITTER, J.P.

FRED T. SANTUCCI

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2006-11791

The People, etc., respondent,

v Jose W. Fuentes, appellant.

(Ind. No. 2140/05)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, rendered April 11, 2006, on the ground that the appellant has been deported.

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

ORDERED that the motion is denied without prejudice to renew upon proof of service upon the appellant at his last known address.

RITTER, J.P., SANTUCCI, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court