Appellate Division: Second Judicial Department

M118263

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

RUTH C. BALKIN

RANDALL T. ENG, JJ.

2010-03577 The People, etc., respondent, v Daniel Houck, appellant. (Ind. No. 08-00709)

DECISION & ORDER ON MOTION

Motion by Jeanne E. Mettler, Esq., counsel assigned to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered April 8, 2010, inter alia, 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 dated March 7, 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, inter alia, 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 branch of the motion by assigned counsel which is to be relieved is granted; and it is further,

ORDERED that the motion by assigned counsel is otherwise denied as academic.

DILLON, J.P., FLORIO, BALKIN and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court