Appellate Division: Second Judicial Department

M55737

E/sl

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2005-07116 The People, etc., respondent, v Christian Rosero, appellant. (Ind. No. 2252/04)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 13, 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 April 27, 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 he had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the order to show cause to dismiss the appeal is granted, and the appeal is dismissed; and it is further,

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

MILLER, J.P., MASTRO, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court