Appellate Division: Second Judicial Department

M205111

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-09779 The People, etc., respondent, v Jerry Waters, appellant. (Ind. No. 181/96)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from an order of the Supreme Court, Richmond County, dated September 12, 2014, issued pursuant to CPL 440.46, in effect, to be relieved of the assignment. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief. By order to show cause dated November 6, 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 appeal has been rendered academic, and the motion by assigned counsel, in effect, to be relieved and the application by the respondent were held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and uon the papers filed in support of the motion by assigned counsel and the application, 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 the motion by assigned counsel, in effect, to be relieved is granted; and it is further,

ORDERED that the application by the respondent is denied as academic.

CHAMBERS, J.P., ROMAN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court