Appellate Division: Second Judicial Department

M107567

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2009-02679 The People, etc., respondent, v Rodney Kirton, appellant. (Ind. No. 11423/08)

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 February 20, 2009, 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 June 17, 2010, 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, and 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 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 is granted and assigned counsel is relieved.

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

ENTER:

James Edward Pelzer

Clerk of the Court