| People v W. (Anonymous), Michael |
| Motion No: 2010-05528 |
| Slip Opinion No: 2013 NY Slip Op 87682(U) |
| Decided on October 9, 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
M163502
E/sl
RANDALL T. ENG, P.J.
L. PRISCILLA HALL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2010-05528 The People, etc., respondent, v Michael W. (Anonymous), appellant. (Ind. No. 1360/06)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered May 20, 2010, 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 August 26, 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; and it is further,
ORDERED that assigned counsel's motion, in effect, to be relieved is granted.
ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court