People v Johnson, Kenneth
Motion No: 2002-03449
Slip Opinion No: 2006 NYSlipOp 78696(U)
Decided on October 27, 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

M46240

O/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2002-03449

The People, etc., respondent,

v Kenneth Johnson, appellant.

(Ind. No. 01-00186)

DECISION & ORDER ON MOTION

Motion by Richard N. Lentino, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered July 13, 2001, inter alia, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal. By order to show cause dated June 29, 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, inter alia, in effect, to be relieved was held in abeyance in the interim.

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, on the ground that the appellant has abandoned the appeal; and it is further,

ORDERED that the motion, inter alia, in effect, to be relieved of the assignment to prosecute the appeal, is granted.

RITTER, J.P., GOLDSTEIN, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court