People v Fleming, Gerard K.
Motion No: 2016-02077
Slip Opinion No: 2018 NY Slip Op 66329(U)
Decided on March 8, 2018
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

M247154

E/afa

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2016-02077

The People, etc., respondent,

v Gerard K. Fleming, appellant.

(Ind. No. 76/15)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 21, 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 January 3, 2018, 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 no papers having been filed in response 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 motion by assigned counsel to be relieved is denied.

MASTRO, J.P., CHAMBERS, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court