Appellate Division: Second Judicial Department

M240408

E/ct

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

VALERIE BRATHWAITE NELSON, JJ.

2016-05281 The People, etc., respondent, v Elliot Aguirre, appellant. (Ind. No. 8365/15)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 11, 2016, in effect, to be relieved of the assignment 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 September 19, 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.

BALKIN, J.P., AUSTIN, SGROI and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court