Appellate Division: Second Judicial Department

M78427

E/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

EDWARD D. CARNI

ARIEL E. BELEN, JJ.

2006-09106 The People, etc., respondent, v Arlington Jackson, appellant. (Ind. No. 7938/05)

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 September 8, 2006, 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 order to show cause dated October 8, 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 no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted (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.

FLORIO, J.P., MILLER, CARNI and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court