| People of State of New York v Villela |
| Motion No: 2003-05832 |
| Slip Opinion No: 2009 NY Slip Op 83361(U) |
| Decided on September 17, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M91947
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
JOSEPH COVELLO
RANDALL T. ENG, JJ.
|
2003-05832 People of State of New York, respondent, v Denis Villela, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant to be relieved of an assignment to prosecute an appeal from an order of the County Court, Nassau County, dated May 27, 2003.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on the court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (cf. People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578).
FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court