People v Rodriguez, Nelson
Motion No: 2012-02296
Slip Opinion No: 2015 NY Slip Op 69264(U)
Decided on April 6, 2015
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

M190189

T/ct

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

HECTOR D. LASALLE

BETSY BARROS, JJ.

2012-02296

The People, etc., respondent,

v Nelson Rodriguez, appellant.

(Ind. No. 2046/09)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, in effect, to be relieved as counsel for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered January 19, 2012, on the ground that the appellant has absconded from parole supervision. By order to show cause dated January 30, 2015, 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 the appellant has absconded from parole supervision, 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 no papers having been filed in opposition or 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.

CHAMBERS, J.P., DICKERSON, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court