| People v Wynter, Jermaine |
| Motion No: 2014-11430 |
| Slip Opinion No: 2017 NY Slip Op 76187(U) |
| Decided on June 7, 2017 |
| 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
M232364
E/ct
REINALDO E. RIVERA, J.P.
JOSEPH J. MALTESE
BETSY BARROS
VALERIE BRATHWAITE NELSON, JJ.
|
2014-11430 The People, etc., respondent, v Jermaine Wynter, appellant. (Ind. No. 11332/01)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal, by permission, from an order of the Supreme Court, Queens County, dated November 6, 2014, on the ground that the appellant has been deported and is no longer available to obey the mandate of the Court, or, in the 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 respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 7, 2017, and the respondent's brief must be served and filed on or before that date.
RIVERA, J.P., MALTESE, BARROS and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court