Appellate Division: Second Judicial Department

M294396

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2017-10031 The People, etc., respondent, v Antonio Olmeda, appellant. (Ind. No. 2003/2011)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered July 26, 2016. Motion by the appellant pro se to relieve assigned counsel and for leave to prosecute the appeal pro se. Motion by assigned counsel for the appellant to withdraw the appellant's brief filed by assigned counsel. By order to show cause dated January 10, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that it has been rendered academic.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by appellant pro se and the papers filed in opposition thereto, and upon the papers filed in support of the motion to withdraw the appellant's brief and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; and it is further,

ORDERED that the motions by the appellant and by assigned counsel are denied as academic.

BRATHWAITE NELSON, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court