Appellate Division: Second Judicial Department

M103131

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2007-04224 The People, etc., respondent, v Thomas Mescia, appellant. (Ind. No. 8087-06)

DECISION & ORDER ON MOTION

Motion by Steven Flaumenhaft, Esq., counsel assigned to prosecute an appeal from an amended judgment of the County Court, Suffolk County, rendered April 16, 2007, 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 January 29, 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

Upon the order to show cause and no papers having been filed in opposition or in relation 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 appeal is granted and the appeal is dismissed; and it is further,

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

FISHER, J.P., DILLON, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court