| People v Rubel, Keith |
| Motion No: 2005-05237 |
| Slip Opinion No: 2006 NYSlipOp 77895(U) |
| Decided on October 17, 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
M45762
A/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
ROBERT J. LUNN
JOSEPH COVELLO, JJ.
|
2005-05237 The People, etc., respondent, v Keith Rubel, appellant. (Ind. No. 05-00241)
| DECISION & ORDER ON MOTION |
Motion by Alex Smith, Esq., counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered May 24, 2005, 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 September 1, 2006, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned, 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 the order to show cause, and no papers having been filed in opposition or relation thereto, it is
ORDERED that the order to show cause is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the motion by assigned counsel is granted.
FLORIO, J.P., KRAUSMAN, LUNN and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court