People v Felix, Edwin
Motion No: 2010-11424
Slip Opinion No: 2017 NY Slip Op 77570(U)
Decided on June 20, 2017
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

M232859

E/afa

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2010-11424

The People, etc., respondent

v Edwin Felix, appellant.

(Ind. No. 1615/10)

DECISION & ORDER ON MOTION

Motion by Laurette Mulry, counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered November 16, 2010, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to communicate with assigned counsel. By order to show cause dated March 27, 2017, 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 the papers filed 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.

LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court