Appellate Division: Second Judicial Department

M88581

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

ARIEL E. BELEN, JJ.

2007-03177 The People, etc., respondent, v Curtis Richburg, appellant. (Ind. No. 06-00657)

DECISION & ORDER ON MOTION

Motion by Adam Seiden, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 15, 2007, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated May 13, 2009, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal, and the motion by assigned counsel to be relieved was held in abeyance in the interim.

Upon the order to show cause and no papers having been 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; and it is further,

ORDERED that the motion by assigned counsel to be relieved is granted.

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court