Appellate Division: Second Judicial Department

M139902

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-01437 The People, etc., respondent, v Raesean Allen, appellant. (Ind. No. 2013-10)

DECISION & ORDER ON MOTION

Motion by Mark Diamond, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 14, 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 February 7, 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.

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.

RIVERA, J.P., SKELOS, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court