| People of State of New York v Andriy Derevyanchenko |
| Motion No: 2018-01908 KCR |
| Slip Opinion No: 2019 NY Slip Op 87200(U) |
| Decided on December 27, 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 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Andriy Derevyanchenko, Appellant. |
Motion by Mark Diamond, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered August 3, 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 December 4, 2019, appellant was directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal. Separate application by assigned counsel to withdraw his motion.
Upon the order to show cause, and upon the papers filed in support of assigned counsel's motion and application, and no papers having been filed in opposition to the application, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the motion by assigned counsel is marked withdrawn.
ENTER:
Paul Kenny
Chief Clerk