Appellate Division: Second Judicial Department

M93413

J/sl

ANITA R. FLORIO, J.P.

HOWARD MILLER

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2007-07182, 2008-03262 The People, etc., respondent, v Jose Martinez, appellant. (Ind. Nos. 2394/05, 2177/06)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated July 28, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute appeals from two judgments of the Supreme Court, Queens County, rendered July 24, 2007, and November 21, 2007, respectively, in effect, to be relieved on the ground that the appellant has, in effect, abandoned the appeals, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated July 2, 2009, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that he had abandoned the appeals, 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 the motion to be relieved and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals is granted and the appeals are dismissed; and it is further,

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

FLORIO, J.P., MILLER, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court