| People of State of New York v Michael J. Schmidt, Jr. |
| Motion No: 2018-00942 SCR |
| Slip Opinion No: 2019 NY Slip Op 71218(U) |
| Decided on May 14, 2019 |
| 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
THOMAS A. ADAMS, P.J.
JERRY GARGUILO
TERRY JANE RUDERMAN, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael J. Schmidt, Jr., Appellant. |
Motion by Laurette D. Mulry, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered April 5, 2018, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated March 27, 2019, 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 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 the papers filed by respondent 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 to be relieved is granted.
ENTER:
Paul Kenny
Chief Clerk