| People of State of New York v Mollette |
| Motion No: 2010-00030 |
| Slip Opinion No: 2012 NY Slip Op 67813(U) |
| Decided on March 20, 2012 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M135121
E/ct
PETER B. SKELOS, J.P.
MARK C. DILLON
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
|
2010-00030 People of State of New York, respondent, v Prince Mollette, appellant.
| DECISION & ORDER ON MOTION |
Motion by Stephen J. Pittari, Esq., to be relieved of an assignment to prosecute an appeal from an order of the County Court, Westchester County, dated November 24, 2009, 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 has abandoned the appeal, and the motion by assigned counsel to be relieved 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 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; and it is further,
ORDERED that assigned counsel's motion to be relieved is granted.
SKELOS, J.P., DILLON, ENG and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court