Appellate Division: Second Judicial Department

M116986

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2009-01504 The People, etc., respondent, v Anthony Consolazio, appellant. (Ind. No. 2126-00)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, Esq., counsel assigned to prosecute an appeal from a resentence of the County Court, Suffolk County, imposed January 27, 2009, in effect, to be relieved on the ground that the appeal has been rendered academic by an order of the same court dated July 16, 2010. By order to show cause dated September 13, 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 the appeal had been rendered academic by an order of the same court dated July 16, 2010, and the motion by assigned counsel, in effect, to be relieved was 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; and it is further,

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

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court