Appellate Division: Second Judicial Department

M82683

S/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2008-05004 The People, etc., respondent, v Wolfgang Schellenbach, respondent. (Ind. No. 07-00347)

DECISION & ORDER ON APPLICATION

Appeal by the People from an order of the County Court, Westchester County, dated April 29, 2008. Pursuant to People v Garcia (93 NY2d 42), this court issued a decision and order on motion dated November 26, 2008, which, inter alia, advised the defendant of her right to counsel. The first decretal paragraph thereof directed the People to personally serve a copy of the decision and order, together with a copy of their brief and appendix on the appeal, on the defendant. The fourth decretal paragraph thereof provided that if personal service cannot be made with due diligence, the People may make an ex parte application to this court for an order authorizing an alternative method of service. Application by the People for the approval of an alternate method of service.

Upon the papers filed in support of the application and on the court's own motion, it is

ORDERED that the application is granted; and it is further,

ORDERED that on or before March 17, 2009, the People are directed to serve a copy of the decision and order on motion dated November 26, 2008, together with a copy of their brief and appendix on the appeal, on the defendant by mailing a copies of the order and the brief and appendix to him at his last known address; and it is further,

ORDERED that within 10 days after service thereof, the People shall file proof of such service in the office of the Clerk of this court.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court