Appellate Division: Second Judicial Department

M135934

E/ct

DANIEL D. ANGIOLILLO, J.P.

PLUMMER E. LOTT

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2011-03836 People of State of New York, respondent, v Albert Benton, appellant.

DECISION & ORDER ON MOTION

Motion by Mark Diamond, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated March 31, 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 March 2, 2012, 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 to be relieved was held in abeyance in the interim

Upon the order to show cause and no papers having been filed in opposition or in relation 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 and the motion by assigned counsel to be relieved of the assignment are granted, the appeal is dismissed, without costs or disbursements, and assigned counsel is relieved of the assignment.

ANGIOLILLO, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court