| People of State of New York v LeZama |
| Motion No: 2010-05959 |
| Slip Opinion No: 2011 NY Slip Op 69732(U) |
| Decided on April 12, 2011 |
| 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
M118481
E/sl
PETER B. SKELOS, J.P.
ARIEL E. BELEN
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2010-05959 People of State of New York, respondent, v Adrian LeZama, appellant.
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the County Court, Suffolk County, dated June 10, 2010, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements (cf. People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578); and it is further,
ORDERED that on the Court's own motion, assigned counsel is relieved of the assignment to prosecute the appeal.
SKELOS, J.P., BELEN, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court