Appellate Division: Second Judicial Department

M135033

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2009-03524 People of State of New York, respondent, v Komfi Afeto, appellant.

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, counsel assigned to represent the appellant on an appeal from an order of the County Court, Suffolk County, dated March 12, 2009, in effect, to be relieved, on the ground that the order was issued on the appellant's consent. By order to show cause dated February 14, 2012, the parties or their attorneys were 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 order dated March 12, 2009, was issued on the appellant's consent, and assigned counsel's motion was held in abeyance in the interim.

Upon the order to show cause and the papers 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, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that assigned counsel's motion, in effect, to be relieved is granted.

SKELOS, J.P., DILLON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court