Appellate Division: Second Judicial Department

M70123

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PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

THOMAS A. DICKERSON, JJ.

2007-05081 The People, etc., respondent, v Peter Nelson, appellant. (Index No. 3117/06)

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 February 2, 2007, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to her by assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that she has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before June 6, 2008; and it is further,

ORDERED that the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon the appellant at her last known place of residence or, if she is imprisoned, at the institution in which she is confined, and upon the attorney who last appeared for her, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., RITTER, FLORIO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court