Appellate Division: Second Judicial Department

M60200

E/nl

HOWARD MILLER, J.P.

DAVID S. RITTER

GLORIA GOLDSTEIN

THOMAS A. DICKERSON, JJ.

2005-08335 The People, etc., respondent, v Casimiro Fabio, appellant. (Ind. No. 7855/04)

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 3, 2005, in effect, to be relieved, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court. By decision and order on motion dated August 9, 2007, the parties or their attorneys 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 had been deported and was no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578), and the assigned counsel's motion was held in abeyance in the interim.

Upon the motion to dismiss the appeal and no papers having been filed in response thereto, and upon the papers filed in support of the motion, in effect, to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.

MILLER, J.P., RITTER, GOLDSTEIN and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court