Appellate Division: Second Judicial Department

M99514

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2007-05798 People of State of New York, respondent, v Philip King, appellant.

DECISION & ORDER ON MOTION

Motion by Andrea G. Hirsch for leave to be relieved as counsel for the appellant on an appeal from an order of the Supreme Court, Queens County, dated June, 6, 2007. By order to show cause dated January 19, 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 the motion by counsel to be relieved was held in abeyance in the interim. Application by the appellant pro se for leave to proceed pro se.

Upon the order to show cause and the papers filed in response thereto, upon the papers filed in support of the appellant's counsel's motion and the papers filed in relation thereto, and upon the application, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the appellant's counsel's motion is granted and counsel is relieved on the appeal; and it is further,

ORDERED that the application is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 30, 2010, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, DICKERSON and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court