People v Jackson, Damario
Motion No: 2011-09170
Slip Opinion No: 2011 NY Slip Op 92650(U)
Decided on December 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M128230

E/mv

ANITA R. FLORIO, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

JEFFREY A. COHEN, JJ.

2011-09170

The People, etc., respondent,

v Damario Jackson, appellant.

(Ind. No. 04-01481)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Westchester County, rendered September 12, 2011, 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied (see People v Ventura, ______NY3d______ [Oct. 25, 2011]; cf. People v Taveras, 10 NY3d 227).

FLORIO, J.P., DICKERSON, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court