People of State of New York v Banos
Motion No: 2009-02752
Slip Opinion No: 2010 NY Slip Op 66769(U)
Decided on March 26, 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

M100303

E/sl

WILLIAM F. MASTRO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-02752

People of State of New York, respondent,

v Danilo Banos, appellant.

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated March 4, 2009, on the ground that the appellant has been deported and 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 granted and the appeal is dismissed, without costs or disbursements (see Matter of Gerald G. G., 46 NY2d 1036).

MASTRO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court