Appellate Division: Second Judicial Department

M63884

E/sl

STEPHEN G. CRANE, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2006-03938 The People, etc., respondent, v Severo Payano, appellant. (Ind. No. 11222/01)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 17, 2005, in effect, to be relieved on the ground that the appellant had been deported and is no longer available to obey the mandate of the Court. By order to show cause dated October 22, 2007, the appellant was directed to show cause before this court why an order should or should not be 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, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is

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

CRANE, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court