Appellate Division: Second Judicial Department

M45226

S/nl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2005-00209 The People, etc., respondent, v Juan Cruz, appellant. (Ind. No. 1456/04)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, rendered December 20, 2004, to be relieved on the ground, that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated August 23, 2006, 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 to be relieved 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 motion to dismiss the appeal is granted, and the appeal is dismissed; and it is further,

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

FLORIO, J.P., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court