People v Brihim, Gary J., Jr.
Motion No: 2015-11449
Slip Opinion No: 2017 NY Slip Op 86496(U)
Decided on September 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

M237951

E/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2015-11449

The People, etc., respondent,

v Gary J. Brihim, Jr., appellant.

(Ind. No. 177/14)

DECISION & ORDER ON MOTION

Motion by Thomas N. N. Angell, counsel assigned to prosecute an appeal from an amended judgment of the County Court, Dutchess County, rendered October 21, 2015, 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 July 28, 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 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court