| People of State of New York v Padilla |
| Motion No: 2008-03010 |
| Slip Opinion No: 2009 NY Slip Op 79205(U) |
| Decided on July 28, 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
M90009
E/sl
STEVEN W. FISHER, J.P.
HOWARD MILLER
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL, JJ.
|
2008-03010 People of State of New York, respondent, v Daniel A. Padilla, appellant.
| DECISION & ORDER ON MOTION |
Motion by Kent V. Moston, Esq., counsel assigned to prosecute an appeal from an order of the County Court, Nassau County, dated March 5, 2008, 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 19, 2009, the parties or their attorneys were 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 to be relieved was held in abeyance in the interim
Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion 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 to be relieved is granted.
FISHER, J.P., MILLER, ANGIOLILLO and HALL, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court