Appellate Division: Second Judicial Department

M119431

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2009-07369 People of State of New York, respondent, v Michael Moses, appellant.

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the appellant on an appeal from an order of the Supreme Court, Kings County, dated July 30, 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 December 14, 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.

Now, 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 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 the assigned counsel's motion is granted.

RIVERA, J.P., SKELOS, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court