Appellate Division: Second Judicial Department

M36338

T/sl

HOWARD MILLER, J.P.

STEPHEN G. CRANE

DANIEL F. LUCIANO

REINALDO E. RIVERA, JJ.

2005-07498 The People, etc., respondent, v James Parris, appellant. (Ind. No. 03-213)

DECISION & ORDER ON MOTION

Motion by the attorney assigned to represent the appellant on an appeal from an order of the County Court, Westchester County, dated July 20, 2005, to be relieved on the ground that the appellant has been deported. By decision and order on motion of this court dated January 5, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appellant is no longer available to obey the mandate of this court and the motion by the appellant's attorney to be relieved was held in abeyance in the interim.

Now, on the court's own motion, and upon the papers filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed, on the ground that the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,

ORDERED that the motion is denied as academic.

MILLER, J.P., CRANE, LUCIANO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court