| People of State of New York v Rosas |
| Motion No: 2006-02282 |
| Slip Opinion No: 2006 NYSlipOp 71305(U) |
| Decided on June 28, 2006 |
| Appellate Division, 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. |
Appellate Division: Second Judicial Department
M41513
A/sl
DANIEL F. LUCIANO, J.P.
REINALDO E. RIVERA
ROBERT A. SPOLZINO
STEVEN W. FISHER, JJ.
|
2006-02282 respondent, v Donaciano Rosas, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Westchester County, dated February 2, 2006, as a poor person and for the assignment of counsel, and cross motion by the respondent to dismiss the appeal on the ground that the appellant has been deported
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition or relation thereto, it is
ORDERED that the cross motion is granted, and the appeal is dismissed on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (cf. People v Wright, 274 AD2d 599; People v Ragsdale, 144 AD2d 708); and it is further,
ORDERED that the motion is denied as academic.
LUCIANO, J.P., RIVERA, SPOLZINO and FISHER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court