Appellate Division: Second Judicial Department

M258718

E/mm

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2013-03121 The People, etc., respondent, v Dewayne Henry, appellant. (Ind. No. 1250/11)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered March 14, 2013, 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 November 2, 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 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., AUSTIN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court