Appellate Division: Second Judicial Department

M266515

kbp/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2017-11455 The People, etc., respondent, v Angel Rosales, appellant. (Ind. No. 5541/17)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered October 6, 2017, 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 August 30, 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 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 (see People v Taveras, 10 NY3d 227); and it is further,

ORDERED that the motion by assigned counsel is granted.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court