Appellate Division: Second Judicial Department

M54629

E/sl

STEPHEN G. CRANE, J.P.

DAVID S. RITTER

ROBERT A. LIFSON

RUTH C. BALKIN, JJ.

2002-05493 The People, etc., respondent, v John Napolitano, appellant. (Ind. No. 01-00585)

DECISION & ORDER ON MOTION

Motion by John P. Savoca, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 30, 2001, to be relieved of the assignment on the ground that the appellant cannot be located. By decision and order on motion of this court dated March 9, 2007, 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 the appellant had abandoned the appeal (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]), and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the motion to dismiss the appeal and no papers having been filed in response thereto, and upon the papers filed in support of the motion to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]); and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

CRANE, J.P., RITTER, LIFSON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court