Appellate Division: Second Judicial Department

M132399

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-02394 The People, etc., respondent, v Kenneth M. Bowrosen, appellant. (Ind. No. 2828-10)

DECISION & ORDER ON MOTION

Motion by Susan A. DeNatale, counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered February 25, 2011, 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 November 30, 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 assigned counsel's motion was held in abeyance in the interim

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the 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 (22 NYCRR 670.8[f]); and it is further,

ORDERED that the assigned counsel's motion is granted.

BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court