Appellate Division: Second Judicial Department

M262296

E/mm

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-03793 In the Matter of State of New York, respondent, v Christian Martinez, appellant. (Index No. 13/18)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, dated March 14, 2018, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel and on the ground that the appeal has been rendered academic as the appellant has been released from custody. By order to show cause dated March 22, 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 abandoned the appeal and/or 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 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.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court