Appellate Division: Second Judicial Department

M71077

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STEVEN W. FISHER, J.P.

EDWARD D. CARNI

WILLIAM E. McCARTHY

ARIEL E. BELEN, JJ.

2007-01092 The People, etc., respondent, v Lester Petrovaine, appellant. (Ind. No. 90028/06)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel, in effect, to be relived of an assignment to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered February 14, 2006, on the ground that the appellant has been deported. By order to show cause dated April 7, 2008, 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 order to show cause and the papers 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 (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 assigned counsel's motion, in effect, to be relieved is granted.

FISHER, J.P., CARNI, McCARTHY and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court