Appellate Division: Second Judicial Department

M261203

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2015-07809 The People, etc., respondent, v Victor Cubero, appellant. (Ind. No. 3375/13)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 27, 2015, 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 January 10, 2019, 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 has absconded and is no longer available to comply with the mandate of the Court and the motion by assigned counsel 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 the 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 (see People v Taveras, 10 NY3d 227); and it is further,

ORDERED that the motion by assigned counsel is granted.

MASTRO, J.P., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court