People of State of New York v Bonilla
Motion No: 2008-00915
Slip Opinion No: 2010 NY Slip Op 61368(U)
Decided on January 19, 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

M97381

E/sl

MARK C. DILLON, J.P.

JOSEPH COVELLO

HOWARD MILLER

CHERYL E. CHAMBERS, JJ.

2008-00915

People of the State of New York, respondent,

v Pedro Bonilla, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the County Court, Nassau County, dated December 14, 2007, on the ground that the appellant is no longer available to obey the mandate of the court. Cross motion by the respondent to dismiss the appeal on the same ground.

Upon the papers filed in support of the motion and the cross motion, the papers filed in relation to the motion to be relieved, and no papers having been filed in opposition or in relation to the motion to dismiss, it is

ORDERED that the motion and the cross motion are denied with leave to renew after the appellant has been deported.

DILLON, J.P., COVELLO, MILLER and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court