People v Sedita, Anthony
Motion No: 2012-02145
Slip Opinion No: 2014 NY Slip Op 86828(U)
Decided on October 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M181326

E/htr

THOMAS A. DICKERSON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2012-02145

The People, etc., respondent,

v Anthony Sedita, appellant.

(Ind. No. 1870-08)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 19, 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 June 24, 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 has 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 by assigned counsel 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.

DICKERSON, J.P., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court