Appellate Division: Second Judicial Department

M58094

E/mv

DAVID S. RITTER, J.P.

GABRIEL M. KRAUSMAN

GLORIA GOLDSTEIN

JOSEPH COVELLO, JJ.

2006-02284, 2006-02285 The People, etc., respondent, v Stephen Michelson, appellant. (Ind. Nos. 05-01188, 05-01189)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute appeals from two judgments of the County Court, Westchester County, both rendered February 6, 2006, to be relieved on the ground that the appellant has, in effect, abandoned the appeals by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated March 16, 2007, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeals on the ground that he abandoned the appeals, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

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

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

ORDERED that assigned counsel's motion is granted.

RITTER, J.P., KRAUSMAN, GOLDSTEIN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court