Appellate Division: Second Judicial Department

M128064

E/sl

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

ARIEL E. BELEN

LEONARD B. AUSTIN, JJ.

2011-02855 The People, etc., respondent, v Carlos Ramirez, appellant. (Ind. No. 10461/09)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered February 7, 2011, 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 September 9, 2011, 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, on the Court's own motion, it is

ORDERED that the motions are denied (see People v Ventura, ___ NY3d ___ [Oct. 25, 2011]); and it is further,

ORDERED that assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

RIVERA, J.P., ENG, BELEN and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court