People v Maglione, John
Motion No: 2005-04582
Slip Opinion No: 2006 NYSlipOp 75947(U)
Decided on September 15, 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

M44581

S/sl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2005-04582

The People, etc., respondent,

v John Maglione, appellant.

(S.C.I. No. 1864/04)

DECISION & ORDER ON MOTION

Motion by the Legal Aid Society of Nassau County, counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 6, 2005, to be relieved of the assignment on the ground that the appellant has not responded to letters sent to him by assigned counsel regarding the prosecution of the appeal. 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, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

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; and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

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

ENTER:

James Edward Pelzer

Clerk of the Court