People v Tietje, Gregory P.
Motion No: 2012-03106
Slip Opinion No: 2014 NY Slip Op 88877(U)
Decided on November 5, 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

M181323

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-03106

The People, etc., respondent,

v Gregory P. Tietje, appellant.

(Ind. No. 75/10)

DECISION & ORDER ON MOTION

Motion by Thomas N.N. Angell, counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered March 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 June 11, 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, in effect, 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 (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., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court