| People v Gardner, Damian |
| Motion No: 2008-06311 |
| Slip Opinion No: 2010 NY Slip Op 66809(U) |
| Decided on March 26, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M100077
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
ARIEL E. BELEN, JJ.
|
2008-06311 The People, etc., respondent, v Damian Gardner, appellant. (Ind. No. 11100/06)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, rendered June 30, 2008, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
FISHER, J.P., DILLON, DICKERSON and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court