Appellate Division: Second Judicial Department

M167610

E/nl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-02329 The People, etc., respondent, v Osvaldo Cortes, appellant. (Ind. No. 2660/09)

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 August 29, 2011, 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 November 8, 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 was held in abeyance on the interim.

Now, upon the papers filed in support of assigned counsel's motion and the papers filed in relation thereto, and upon the papers filed in response to the order to show cause, it is

ORDERED that the motions are granted, assigned counsel is relieved of the assignment, and the appeal is dismissed (see 22 NYCRR 670.8[f]).

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court