| People v O'Gilvie, Joseph |
| Motion No: 2011-11543 |
| Slip Opinion No: 2013 NY Slip Op 62840(U) |
| Decided on January 28, 2013 |
| 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. |
Appellate Division: Second Judicial Department
M150359
E/ct
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
|
2011-11543 The People, etc., respondent, v Joseph O'Gilvie, appellant. (Ind. No. 09-00206)
| DECISION & ORDER ON MOTION |
Motion by Rachel J. Filasto, counsel assigned to prosecute an appeal from an amended judgment of the County Court, Westchester County, rendered October 4, 2011, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. Cross motion by the respondent to dismiss the appeal as abandoned.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion to be relieved is granted.
SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court