Appellate Division: Second Judicial Department

M264511

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-04375 People of State of New York, respondent, v Zhao Wei Yin, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from an order of the Supreme Court, Nassau County, dated March 15, 2018, inter alia, 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 May 15, 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 had abandoned the appeal, the branch of the motion by assigned counsel which is to be relieved was held in abeyance in the interim, and the motion was otherwise denied.

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 the branch of assigned counsel's motion which is to be relieved is granted.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court