Appellate Division: Second Judicial Department

M63883

E/sl

FRED T. SANTUCCI, J.P.

PETER B. SKELOS

ROBERT A. LIFSON

EDWARD D. CARNI, JJ.

2005-06751 The People, etc., respondent, v Ladislav Ruc, appellant. (Ind. No. 1196/04)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered June 10, 2005. By letter dated February 12, 2007, the appellant's attorneys advised the court that they had been discharged. By decision and order on motion dated February 21, 2007, the appellant was directed to either (1) retain new counsel and advise the court of the name of his new counsel, (2) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) advise the court that he intends to proceed pro se, on or before March 23, 2007. The appellant has not complied with the decision and order on motion of this court. By order to show cause dated July 24, 2007, the appellant was directed to show cause before this court why this appeal should or should not be dismissed on the ground that he abandoned the appeal by failing to comply with the decision and order on motion dated February 21, 2007.

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 is granted and the appeal is dismissed on the ground that the appellant abandoned the appeal by failing to comply with the decision and order on motion dated February 21, 2007 (see 22 NYCRR 670.8[f]).

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

ENTER:

James Edward Pelzer

Clerk of the Court