Appellate Division: Second Judicial Department

M156076

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-01429 The People, etc., respondent, v Hernan Padilla, appellant. (Ind. No. 292/10)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered January 12, 2012, in effect, 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. By order to show cause dated March 14, 2013, 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, in effect, to be relieved was held in abeyance in the interim.

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 no papers having been filed in opposition or 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, in effect, to be relieved is granted.

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court