| People v Curry, Timothy P., Jr. |
| Motion No: 2011-02067 |
| Slip Opinion No: 2014 NY Slip Op 66501(U) |
| Decided on March 13, 2014 |
| 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
M170925
E/sl
MARK C. DILLON, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2011-02067 The People, etc., respondent, v Timothy P. Curry, Jr., appellant. (S.C.I. No. 2415-10)
| DECISION & ORDER ON MOTION |
Motion by Susan A. DeNatale, counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 25, 2011, 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 January 28, 2014, 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 to be relieved was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the 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 the motion by assigned counsel to be relieved is granted.
DILLON, J.P., HALL, AUSTIN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court