| People of State of New York v Leonardo Matarell |
| Motion No: 2014-01537 WCR |
| Slip Opinion No: 2018 NY Slip Op 92235(U) |
| Decided on December 24, 2018 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Leonardo Matarell, Appellant. |
Motion by John R. Lewis, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Justice Court of the Town of North Castle, Westchester County, rendered June 10, 2014, in effect, to be relieved as counsel on the ground that appellant had abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated October 31, 2018, 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 he had abandoned the appeal, and the motion by assigned counsel, in effect, to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel 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.
ENTER:
Paul Kenny
Chief Clerk