People v Nkemakolam, Emmanuel
Motion No: 2005-06555
Slip Opinion No: 2006 NYSlipOp 79537(U)
Decided on November 13, 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

M46828

S/sl

HOWARD MILLER, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

MARK C. DILLON, JJ.

2005-06555

The People, etc., respondent,

v Emmanuel Nkemakolam, appellant.

(Ind. No. 14004/91)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the Supreme Court, Queens County, dated May 11, 2005, which denied his motion pursuant to L 2004, Ch 738. By letter dated March 24, 2006, the attorney for the appellant advised the court that the appellant has moved out of State and apparently does not want to pursue the appeal. By order to show cause dated September 29, 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.

Upon 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.

MILLER, J.P., KRAUSMAN, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court