Appellate Division: Second Judicial Department

M261424

E/mm

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-10032 The People, etc., respondent, v Christian Arce, appellant. (Ind. No. 16-00485)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the County Court, Orange County, rendered February 23, 2017, inter alia, to be relieved on the ground that the appeal has been rendered academic by an order of the same court dated November 30, 2018, which vacated the judgment. By order to show cause dated February 7, 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 appeal has been rendered academic, 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., LEVENTHAL, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court