Appellate Division: Second Judicial Department

M81619

E/sl

STEVEN W. FISHER, J.P.

HOWARD MILLER

EDWARD D. CARNI

RUTH C. BALKIN, JJ.

2007-02346 The People, etc., respondent, v Marcus Boone, appellant. (Ind. No. 1809/06)

DECISION & ORDER ON MOTION

Motion by Anna N. Howell, Esq., counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered January 26, 2007, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated December 12, 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 he has abandoned the appeal and the motion by assigned counsel was held in abeyance in the interim.

Upon the order to show cause and no papers filed in response thereto, and upon the papers filed in support of assigned counsel's 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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,

ORDERED that assigned counsel's motion to be relieved is granted.

FISHER, J.P., MILLER, CARNI and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court