| People of State of New York v Diaz |
| Motion No: 2021-03190 |
| Slip Opinion No: 2023 NY Slip Op 68668(U) |
| Decided on June 14, 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. |
Appellate Division: Second Judicial Department
M289510
AFA/
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
LILLIAN WAN, JJ.
|
2021-03190 People of State of New York, respondent, v Eddie Diaz, appellant.
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated April 30, 2021. Motion by the appellant's assigned counsel, in effect, 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 April 10, 2023, 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 the papers 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., MALTESE, WARHIT and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court