People v Aviles, Uriel
Motion No: 2013-05124
Slip Opinion No: 2015 NY Slip Op 83891(U)
Decided on September 8, 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

M197653

E/sl

CHERYL E. CHAMBERS, J.P.

THOMAS A. DICKERSON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-05124

The People, etc., respondent,

v Uriel Aviles, appellant.

(Ind. No. 8387/10)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered April 30, 2013, in effect, to be relieved on the ground that the appellant has not communicated with assigned counsel. By order to show cause of this Court dated June 16, 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 had abandoned the appeal, and assigned counsel's motion 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 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; and it is further,

ORDERED that assigned counsel's motion is granted.

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

ENTER:

Aprilanne Agostino

Clerk of the Court