People of State of New York v Diaz
Motion No: 2011-01900
Slip Opinion No: 2012 NY Slip Op 84406(U)
Decided on September 12, 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

M143144

E/nl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-01900

People of State of New York, respondent,

v Santos Diaz, appellant.

DECISION & ORDER ON MOTION

Motion by Matthew Muraskin, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the County Court, Suffolk County, dated February 2, 2011. By order to show cause dated July 31, 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 the papers 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, without costs or disbursements; and it is further,

ORDERED that assigned counsel's motion is granted.

SKELOS, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court