| People v Clark, Dikel |
| Motion No: 2004-11310 |
| Slip Opinion No: 2006 NYSlipOp 78589(U) |
| Decided on October 25, 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
M46146
Y/sl
A. GAIL PRUDENTI, P.J.
ROBERT W. SCHMIDT
MARK C. DILLON
JOSEPH COVELLO, JJ.
|
2004-11310 The People, etc., respondent, v Dikel Clark, appellant. (Ind. No. 2377/03)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered December 17, 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 September 15, 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 on the ground that he has abandoned the appeal, and the motion 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.
PRUDENTI, P.J., SCHMIDT, DILLON and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court