People v Marin, Louis
Motion No: 2002-08508
Slip Opinion No: 2006 NYSlipOp 61084(U)
Decided on January 25, 2006
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M35264

S/sl

HOWARD MILLER, J.P.

BARRY A. COZIER

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2002-08508

The People, etc., respondent,

v Louis Marin, appellant.

(Ind. No. 3720/88)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 10, 2002, inter alia, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal. By decision and order on motion dated July 25, 2005, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.

Upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition thereto or in response to the order show cause, it is

ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that the motion by assigned counsel is denied as academic.

H. MILLER, J.P., COZIER, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court