Appellate Division: Second Judicial Department

M111976

J/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2007-10240 The People, etc., respondent, v Robert Ray Okamura, appellant. (Ind. No. 07-00012)

DECISION & ORDER ON MOTION

Motion by Richard L. Herzfeld, counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered October 4, 2007, 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 August 2, 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 assigned counsel, in effect, to be relieved was held in abeyance in the interim. Assigned counsel has since been able to contact the appellant and filed a brief on August 5, 2010.

Upon the order to show cause and the papers filed in opposition thereto, and upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied.

RIVERA, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court