Appellate Division: Second Judicial Department

M59099

E/sl

ROBERT A. SPOLZINO, J.P.

DAVID S. RITTER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2005-10932 The People, etc., respondent, v Cornell James, appellant. (Ind. No. 683-05)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, Esq., counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 3, 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 December 1, 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 had abandoned the appeal, 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 motion to dismiss the appeal on the ground that the appellant abandoned the appeal is granted; and it is further,

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

SPOLZINO, J.P., RITTER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court