People v Alvarez, Abner
Motion No: 2005-04045 +1
Slip Opinion No: 2006 NYSlipOp 75823(U)
Decided on September 8, 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

M44123

Y/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

DANIEL F. LUCIANO

WILLIAM F. MASTRO, JJ.

2005-04045, 2005-04047

The People, etc., respondent,

v Abner Alvarez, appellant.

(Ind. Nos. 04-00579, 04-00841)

DECISION & ORDER ON MOTION

Motion by Alex Smith, Esq., counsel assigned to prosecute appeals from two judgments of the County Court, Orange County, both rendered March 21, 2005, in effect, to be relieved on the ground that the appeals have been abandoned. By order to show cause dated August 2, 2006, the appellant was directed to show cause before this court, why an order should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]), and the motion was held in abeyance in the interim.

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

ORDERED that the appeals are dismissed as abandoned (see 22 NYCRR 670.8[f]); and it is further,

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

SANTUCCI, J.P., KRAUSMAN, LUCIANO and MASTRO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court