Opinion
Motion No: 2010-08416 Ind. No. 3073/10 M124418
08-12-2011
The People, etc., appellant, v. Michael Harris, respondent.
, J.P.
ANITA R. FLORIO
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 14, 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 the papers filed in relation thereto, it is
ORDERED that the motion 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).
ANGIOLILLO, J.P., FLORIO, LOTT and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court