Appellate Division: Second Judicial Department

M184093

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2012-07480 The People, etc., respondent, v Andrew Phipps, appellant. (Ind. No. 5261/12)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 11, 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 October 21, 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 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, in effect, to be relieved is granted.

DILLON, J.P., BALKIN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court