Appellate Division: Second Judicial Department

M281097

AFA/

HECTOR D. LASALLE, P.J.

COLLEEN D. DUFFY

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-04475 The People, etc., respondent, v Joseph Rovinsky, appellant. (Ind. No. 2389/2011)

DECISION & ORDER ON MOTION

Appeal from a resentence of the County Court, Suffolk County, imposed March 28, 2016. By decision and order of this Court dated April 25, 2018, the matter was remitted to the County Court, Suffolk County, for further proceedings on the motion by the appellant to withdraw his plea of guilty, and thereafter a report to this Court limited to its findings with respect to the motion and whether the defendant established his entitlement to the withdrawal of his plea of guilty, and the appeal was held in abeyance pending receipt of the County Court's report. No report has been received. Motion by the appellant's assigned counsel to be relieved of the assignment 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 September 10, 2021, the appellant was directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the appellant has abandoned the appeal, and assigned counsel's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers have been 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.

LASALLE, P.J., DUFFY, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court