Appellate Division: Second Judicial Department

M241630

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-03302 People of State of New York, respondent, v Ivan Villalobo, appellant.

DECISION & ORDER ON MOTION

Motion by Alan Katz, counsel assigned to represent the appellant by the Supreme Court, Kings County, inter alia, to be relieved of the assignment on an appeal from an order of the Supreme Court, Nassau County, dated February 24, 2016, 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 August 17, 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 the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and the papers filed in opposition 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 branch of assigned counsel's motion which is to be relieved is granted, and the motion is otherwise denied.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court