Appellate Division: Second Judicial Department

M42692

Y/sl

ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

STEVEN W. FISHER

MARK C. DILLON, JJ.

2003-11245 The People, etc., respondent, v Virgil Popa, appellant. (Ind. No. 3146/02)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered December 11, 2003. The appeal was perfected on January 11, 2006, the respondent filed its brief on March, 24, 2006, the reply brief was filed on April 11, 2006, and the appeal was placed on this court's calendar for June 6, 2006. By letter dated June 14, 2006, the appellant's attorney informed the court that the appellant was deported on June 6, 2006. By order to show cause dated June 26, 2006, the appellant, or his attorney, were directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is no longer available to obey the mandate of this court, by filing an affidavit on that issue in the office of the Clerk of this court on or before June 14, 2006.

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).

SPOLZINO, J.P., SKELOS, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court