| People of State of New York v Boudreau |
| Motion No: 2008-03995 |
| Slip Opinion No: 2011 NY Slip Op 66919(U) |
| Decided on March 15, 2011 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M116989
E/sl
JOSEPH COVELLO, J.P.
L. PRISCILLA HALL
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2008-03995 People of State of New York, respondent, v Geoffrey Boudreau, appellant.
| DECISION & ORDER ON MOTION |
Motion by Brendan O'Meara, Esq., counsel assigned to prosecute an appeal from an order of the Supreme Court, Westchester County, dated March 10, 2008, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated January 11, 2011, 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 is held in abeyance in the interim
Upon the order to show cause and no papers having been filed in response thereto, 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 (see 22 NYCRR 670.8[e]); and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court