| People of State of New York v Cristian Morales |
| Motion No: 2011-02816 NCR |
| Slip Opinion No: 2017 NY Slip Op 66085(U) |
| Decided on February 15, 2017 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Cristian Morales, Appellant. |
Motion by respondent to dismiss an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered October 13, 2011, on the ground that appellant had been deported and was unavailable to obey the mandate of the court. By decision and order on motion of this court dated August 10, 2015, the motion to dismiss the appeal was granted without prejudice to appellant moving to reinstate the appeal should he return to this court's jurisdiction. By order dated December 15, 2016, the Court of Appeals reversed this court's decision and order on motion dated August 10, 2015 and remitted the matter for further proceedings.
Now, upon the papers filed in support of respondent's motion and the papers filed in opposition thereto, and upon remittur from the Court of Appeals, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that appellant's time to serve and file an appellant's brief is enlarged to 21 days from the date of this decision and order on motion; and it is further,
ORDERED that respondent may serve and file a respondent's brief within 21 days after service of the appellant's brief; and it is further,
ORDERED that appellant, if so advised, may serve and file a reply brief within 14 days after service of the respondent's brief.
ENTER:
Paul Kenny
Chief Clerk