Appellate Division: Second Judicial Department

M63941

E/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2005-02788 The People, etc., respondent, v Jon Rodriguez, appellant. (Ind. No. 10019/04)

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 March 8, 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 23, 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 is 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 motion to dismiss the appeal is granted, and the appeal is dismissed on the ground that the appellant abandoned the appeal (see 22 NYCRR 670.8[f]); and it is further,

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

SANTUCCI, J.P., SKELOS, LIFSON and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court