Appellate Division: Second Judicial Department

M97988

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, JJ.

2008-02609 The People, etc., respondent, v Larry Pierre, appellant. (Ind. No. 15077/07)

DECISION & ORDER ON MOTION

Motion by Steven Banks, Esq., counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 14, 2008, in effect, 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 December 7, 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 has abandoned the appeal, and the motion by assigned counsel was held in abeyance in the interim.

Upon the court's own motion and the papers filed in response thereto and in response to the motion by assigned counsel, 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 is granted and assigned counsel is relieved from representing the appellant.

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

ENTER:

James Edward Pelzer

Clerk of the Court