| People v Gardner, Damian |
| Motion No: 2008-06311 |
| Slip Opinion No: 2011 NY Slip Op 91739(U) |
| Decided on December 7, 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
M129865
S/sl
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON
DANIEL D. ANGIOLILLO, JJ.
|
2008-06311 The People, etc., respondent, v Damian Gardner, appellant. (Ind. No. 11100/06)
| DECISION & ORDER ON MOTION |
Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered June 30, 2008. By decision and order on motion of this Court dated March 26, 2010, the appeal was dismissed on the ground that the appellant had been deported and was no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578). By opinion dated October 25, 2011, the Court of Appeals reversed the decision and order on motion of this Court and remitted the matter to this Court for a determination of the appeal on the merits (see People v Ventura, _____ NY3d ______ ). The appellant's brief on the appeal was filed in the office of the Clerk of this Court December 28, 2009..
Now, on the Court's own motion, it is
ORDERED that the People's brief shall be served and filed on or before February 6, 2012, and the reply brief shall be served and filed on or before February 28, 2012.
MASTRO, A.P.J., RIVERA, SKELOS, DILLON and ANGIOLILLO, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court