| People of State of New York v Gina Gorgone |
| Motion No: 2023-00126 SCR |
| Slip Opinion No: 2024 NY Slip Op 72918(U) |
| Decided on July 24, 2024 |
| 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
JERRY GARGUILO, P.J.
JAMES P. McCORMACK
GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Gina Gorgone, Respondent. |
Appeal by the People from an order of the District Court of Suffolk County, First District, entered November 28, 2022. Pursuant to People v Garcia (93 NY2d 42), this Court issued a decision and order on motion dated June 14, 2024, which, inter alia, advised defendant of her 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 on the appeal, on the defendant. The fourth decretal paragraph thereof provided that if personal service cannot be made with due diligence, People may make an ex parte application to this Court for an order authorizing alternative methods 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 granted, and the People shall serve a copy of the Court's June 14, 2024 decision and order on motion upon defendant at her last known address in Nevada, by certified mail, return receipt requested, and by first class mail, within ten days of the date of this decision and order on motion; and it is further,
ORDERED that the People shall file with this Court, proof of service upon defendant in accordance with this order, within 10 days of completing such service.
ENTER:
Paul Kenny
Chief Clerk