Appellate Division: Second Judicial Department

M135125

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2010-00820 The People, etc., respondent, v Louie Rivera, appellant. (Ind. No. 911-09)

DECISION & ORDER ON MOTION

Motion by Carol E. Castillo, counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered December 21, 2009, 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 May 17, 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 has 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 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 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