Appellate Division: Second Judicial Department

M247229

E/afa

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2012-07167 The People, etc., respondent, v Jose Antonio Tzintzunfrias, appellant. (Ind. No. 421/11)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered March 20, 2012, in effect, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications from 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, in effect, 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, in effect, to be relieved is granted.

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court