Appellate Division: Second Judicial Department

M116982

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2007-01436 The People, etc., respondent, v Symar Whethers, appellant. (S.C.I. No. 21/06)

DECISION & ORDER ON MOTION

Motion by the Dutchess County Public Defender to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 25, 2007, 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 December 1, 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 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 no papers having been filed in opposition or 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.

COVELLO, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court