Appellate Division: Second Judicial Department

M44582

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-06954 The People, etc., respondent, v Patrick Lanier, appellant. (Ind. No. 335/04)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered March 28, 2002. By decision and order on motion dated May 11, 2006, the motion of Thomas Liotti, Esq., to withdraw as counsel for the appellant was granted and the appellant was directed to either (1) perfect the appeal; (2) retain counsel and notify this court in writing of the name, address, and telephone number of such retained counsel; or (3) make a motion for leave to prosecute the appeal as a poor person and the assignment of counsel, on or before June 26, 2006. The appellant did not comply with those directives and by order to show cause dated July 31, 2006, the appellant was directed to show cause why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal is dismissed.

MILLER, J.P., GOLDSTEIN, MASTRO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court