Appellate Division: Second Judicial Department

M83762

E/sl

ROBERT A. SPOLZINO, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2007-08159, 2007-08161 The People, etc., respondent, v Roy Thomas, appellant. (S.C.I. Nos. 776/05, 777/05)

DECISION & ORDER ON MOTION

Motion by appellant for leave to prosecute appeals from two judgments of the Supreme Court, Queens County, both rendered November 13, 2006, as a poor person and for the assignment of counsel. By order to show cause dated February 3, 2009, 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 appeals 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).

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's 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; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel is denied as academic.

SPOLZINO, J.P., FLORIO, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court