People v Mabry, Bill
Motion No: 2009-07958
Slip Opinion No: 2012 NY Slip Op 72889(U)
Decided on May 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M137480

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2009-07958

The People, etc., respondent,

v Bill Mabry, appellant.

(Ind. No. 8637/02)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, in effect, to be relieved as counsel for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 4, 2009, on the ground that the appellant has absconded from parole supervision. By order to show cause dated March 12, 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 the appellant had absconded from parole supervision, and assigned counsel's motion was held in abeyance in the interim.

Now, 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 opposition 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 is granted.

FLORIO, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court