Appellate Division: Second Judicial Department

M270827

E/sl

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-06821 The People, etc., appellant, D v Terell Jordan, respondent. (Ind. No. 2198/2018)

ECISION & ORDER ON APPLICATION

Appeal by the People from an order of the Supreme Court, Queens County, dated April 25, 2019. Pursuant to People v Garcia (93 NY2d 42), this Court issued a decision and order on motion dated January 17, 2020, which, inter alia, advised the defendant of his right to counsel. The first decretal paragraph thereof directed the People to personally serve a copy of the decision and order, together with a copy of their brief and appendix on the appeal, on the defendant. The fourth decretal paragraph thereof provided that if personal service cannot be made with due diligence, the People may make an ex parte application to this court for an order authorizing an alternative method of service. Application by the People for the approval of an alternate method of service.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is denied as academic in light of the decision and order on motion of this Court decided herewith, which extended the defendant's time to serve and file a brief.

AUSTIN, J.P., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court