Appellate Division: Second Judicial Department

M246705

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-03091 The People, etc., respondent, v Jose L. Ribeiro, appellant. (Ind. No. 15-00259)

DECISION & ORDER ON MOTION

Motion by Paul N. Weber, the appellant's assigned counsel on an appeal from a judgment of the County Court, Orange County, rendered January 29, 2016, 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 December 21, 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 the motion by assigned counsel to be relieved 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 the motion by assigned counsel and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by assigned counsel is denied.

MASTRO, J.P., DILLON, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court