People of State of New York v Joseph A. Zienkowicz
Motion No: 2012-01018 ncr
Slip Opinion No: 2012 NY Slip Op 83973(U)
Decided on September 5, 2012
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

JOHN R. LaCAVA, J.P.

FRANCIS A. NICOLAI

HECTOR D. LaSALLE, JJ.

DECISION & ORDER ON MOTION

2012-1018 N CR
The People of the State of New York, Respondent, v Joseph A. Zienkowicz, Appellant.

Motion by the Legal Aid Society to be relieved of an assignment to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered March 19, 2012, on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. Cross motion by respondent to dismiss the appeal on the ground that appellant has abandoned the appeal.

Upon the papers filed in support of the motion and the cross motion and no papers having been filed in opposition thereto, it is

ORDERED that the motion and the cross motion are granted, the Legal Aid Society of Nassau County is relieved of the assignment, and the appeal is dismissed (see People v Dubrey, 217 AD2d 707 [1995]; People v Cullum, 170 AD2d 524 [1991]; People v Velez, 156 AD2d 741 [1989]; People v Jinks, 140 AD2d 371, 372 [1988]).

ENTER:

Paul Kenny

Chief Clerk