Appellate Division: Second Judicial Department

M70730

E/sl

STEVEN W. FISHER, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-00483 The People, etc., respondent, v Latifah Herring, appellant. (Ind. No. 06-00381)

DECISION & ORDER ON MOTION

Motion by Alexandra Bourne, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered January 3, 2007, inter alia, to be relieved on the ground that the appellant has failed to respond to correspondence sent to her by assigned counsel and for the assignment of new counsel. By order to show cause dated April 2, 2008, 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 she had abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.

Upon the papers filed in support of the motion, inter alia, to be relieved 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 is granted and the appeal is dismissed; and it is further,

ORDERED that the branch of the motion by assigned counsel which is to be relieved is granted; and it is further,

ORDERED that the motion by assigned counsel is otherwise denied as academic.

FISHER, J.P., SANTUCCI, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court