Appellate Division: Second Judicial Department

M99733

E/sl

WILLIAM F. MASTRO, J.P.

HOWARD MILLER

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2008-09408 The People, etc., respondent, v Keith Carlos, appellant. (Ind. No. 671/07)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 3, 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 February 3, 2010, 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 had abandoned the appeal, and assigned counsel's motion, in effect, to be relieved was held in abeyance in the interim.

Now, on the court's own motion, and no papers having been filed in response to the order to show cause, and upon the papers filed in support of assigned counsel's motion 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 assigned counsel's motion, in effect, to be relieved is granted.

MASTRO, J.P., MILLER, AUSTIN and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court