People of State of New York v Guncay
Motion No: 2021-08356
Slip Opinion No: 2023 NY Slip Op 60535(U)
Decided on January 13, 2023
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M286829

AFA/

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

LARA J. GENOVESI, JJ.

2021-08356

People of State of New York, respondent,

v Miguel A. Guncay, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Suffolk County, dated September 2, 2021.

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 November 25, 2022, 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 having 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.

DILLON, J.P., CONNOLLY, WOOTEN and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court