| People v Wesner, Izidor |
| Motion No: 2012-06578 |
| Slip Opinion No: 2013 NY Slip Op 92978(U) |
| Decided on December 4, 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
M165875
E/sl
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2012-06578 The People, etc., respondent, v Izidor Wesner, appellant. (Ind. No. 9629/11)
| DECISION & ORDER ON MOTION |
Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 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 October 18, 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 has abandoned the appeal.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the 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 the motion by assigned counsel, in effect, to be relieved is granted.
BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court