Appellate Division: Second Judicial Department

M224337

E/afa

RANDALL T. ENG, P.J.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2013-05009 The People, etc., respondent, v Clifford W. Wares, appellant. (Ind. No. 12-00103)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to recall and vacate a decision and order on motion of this Court dated August 25, 2016, which dismissed an appeal from a judgment of the County Court, Orange County, rendered February 19, 2013, and granted a motion by John P. Savoca, counsel assigned to prosecute the appeal, in effect, to be relieved on the ground that the appellant had abandoned the appeal, by failing to respond to communications by assigned counsel, and, in effect, for leave to file papers in response to the order to show cause to dismiss the appeal.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further;

ORDERED that the decision and order on motion of this Court dated August 25, 2016, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by John P. Savoca, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 19, 2013, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to communications by assigned counsel. By order to show cause dated June 30, 2016, 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 the papers 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 denied; and it is further,

ORDERED that assigned counsel's motion is denied; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged, and assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ENG, P.J., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court