| People v Cummings, Leo H., also known as Alicia, Andrew |
| Motion No: 2010-02715 |
| Slip Opinion No: 2014 NY Slip Op 72207(U) |
| Decided on May 14, 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
M173978
E/ct
PETER B. SKELOS, J.P.
MARK C. DILLON
JOSEPH J. MALTESE
BETSY BARROS, JJ.
|
2010-02715 The People, etc., respondent, v Leo H. Cummings, also known as Andrew Alicia, appellant. (Ind. No. 1074/04)
| DECISION & ORDER ON MOTION |
Motion by Jillian S. Harrington, counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered March 8, 2010, 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 12, 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 assigned counsel's 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 (22 NYCRR 670.8[f]); and it is further,
ORDERED that assigned counsel's motion is granted.
SKELOS, J.P., DILLON, MALTESE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court