People v Gelin, Patrick
Motion No: 2013-01587
Slip Opinion No: 2014 NY Slip Op 80977(U)
Decided on August 20, 2014
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

M178530

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

BETSY BARROS, JJ.

2013-01587

The People, etc., respondent,

v Patrick Gelin, appellant.

(Ind. No. 11-01658)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered February 5, 2013, on the ground that the appellant has absconded 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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until September 19, 2014, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, LOTT and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court