Appellate Division: Second Judicial Department

M242680

E/ct

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2015-05444 The People, etc., respondent, v Malik Francis, appellant. (Ind. No. 8169/14)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered June 8, 2015, 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 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.

MASTRO, J.P., HALL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court