Opinion
Submitted January 5, 2009.
Decided February 12, 2009.
Reported below, 47 AD3d 824.
Motion to dismiss the appeal herein granted and appeal dismissed, without prejudice to defendant making a motion to reinstate the appeal should he return to this Court's jurisdiction ( see People v Diaz, 7 NY3d 831).
Chief Judge LIPPMAN taking no part.