People v Reitano, Robert
Motion No: 2009-03033
Slip Opinion No: 2009 NY Slip Op 90073(U)
Decided on December 2, 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

M95116

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ANITA R. FLORIO

RUTH C. BALKIN, JJ.

2009-03033

The People, etc., respondent,

v Robert Reitano, appellant.

(Ind. No. 08-00326)

DECISION & ORDER ON MOTION

Motion by Mark Diamond, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered March 5, 2009, 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. Separate motion by the respondent to dismiss the appeal on the ground that the appellant has, in effect, abandoned the appeal.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted, Mark Diamond, Esq., Box 287356 Yorkville Station, New York, New York 10128, assigned counsel for the appellant, is relieved, and the appeal is dismissed.

MASTRO, J.P., RIVERA, FLORIO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court