| People v Nazario, Herbert |
| Motion No: 2007-00847 |
| Slip Opinion No: 2009 NY Slip Op 77337(U) |
| Decided on July 7, 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. |
Appellate Division: Second Judicial Department
M88986
S/sl
WILLIAM F. MASTRO, J.P.
JOSEPH COVELLO
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2007-00847 The People, etc., respondent, v Herbert Nazario, appellant. (Ind. No. 8088/03)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from an amended judgment of the Supreme Court, Kings County, rendered January 12, 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 April 14, 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 has 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 and the papers filed in relation thereto, and no papers having been filed in response to the order to show cause, it is
ORDERED that the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the motion by assigned counsel to be relieved is granted.
MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court