| People v Martinez, Jose A. |
| Motion No: 2014-01453 |
| Slip Opinion No: 2015 NY Slip Op 81989(U) |
| Decided on August 18, 2015 |
| 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
M197174
E/ct
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JEFFREY A. COHEN, JJ.
|
2014-01453 The People, etc., respondent, v Jose A. Martinez, appellant. (Ind. No. 223-11)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered January 18, 2013, on the ground that the appellant has been deported and is no longer available to obey the mandate of this Court, or, in alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal 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 the branch of the motion which is to enlarge the time to serve and file a brief is enlarged until September 17, 2015, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., ROMAN, SGROI and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court