Appellate Division: Second Judicial Department

M152041

T/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2011-01540 The People, etc., respondent, v Derrell Haynes-Bailey, appellant. (S.C.I. No. 1998-09)

DECISION & ORDER ON MOTION

Motion by Matthew Muraskin, counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 3, 2011, in effect, 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 December 13, 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 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 relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,

ORDERED that assigned counsel's motion to be relieved is granted.

DILLON, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court