People v Infante, Pedro
Motion No: 2008-03368
Slip Opinion No: 2010 NY Slip Op 60047(U)
Decided on January 4, 2010
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

M96675

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2008-03368

The People, etc., respondent,

v Pedro Infante, appellant.

(Ind. No. 2444/06)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Nassau County, rendered April 27, 2007, on the ground that the appellant is no longer available to obey the mandate of the court.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until February 1, 2010, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., DICKERSON, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court