| People v Diaz, Bartolo |
| Motion No: 2005-00596 |
| Slip Opinion No: 2006 NYSlipOp 76883(U) |
| Decided on September 29, 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. |
Appellate Division: Second Judicial Department
M45224
S/nl
ANITA R. FLORIO, J.P.
GLORIA GOLDSTEIN
DANIEL F. LUCIANO
ROBERT J. LUNN, JJ.
|
2005-00596
The People, etc., respondent, v Bartolo Diaz, appellant. (Ind. No. 1511/94)
| 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 14, 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