People v Catlin, Lonnie
Motion No: 2007-09122
Slip Opinion No: 2009 NY Slip Op 72655(U)
Decided on May 15, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M86673

E/cb

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2007-09122

The People, etc., respondent,

v Lonnie Catlin, appellant.

(Ind. No. 154/06)

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 September 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 March 11, 2009, 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, in effect, to be relieved 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 the motion, in effect, to be relieved and the papers filed in relation 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 motion by assigned counsel, in effect, to be relieved is granted.

MASTRO, J.P., RIVERA, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court