| People v Henry, Kelvin |
| Motion No: 2010-11907 |
| Slip Opinion No: 2011 NY Slip Op 76584(U) |
| Decided on June 23, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M121070
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
|
2010-11907 The People, etc., respondent, v Kelvin Henry, appellant. (Ind. No. 90-00253)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal, by permission, from an order of the County Court, Westchester County, dated November 18, 2010, 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied with leave to renew upon proper papers establishing that the appellant is no longer in the United States and subject to the mandate of the Court, and without prejudice to the appellant withdrawing the appeal.
DILLON, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court