People of State of New York v Sze
Motion No: 2016-06081
Slip Opinion No: 2018 NY Slip Op 71163(U)
Decided on May 2, 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

M249524

E/afa

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2016-06081

People of State of New York, respondent,

v Kwok Sze, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Supreme Court, Westchester County, dated May 10, 2016, in effect, 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 March 19, 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 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 no papers having been filed in opposition or 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.

SCHEINKMAN, P.J., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court