Appellate Division: Second Judicial Department

M294544

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

LAURENCE L. LOVE, JJ.

2018-06063 The People, etc., respondent, v Gerald L. Fryar, appellant. (Ind. No. 30/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered March 27, 2018. Motion by the appellant's assigned counsel to be relieved 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 January 8, 2024, 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 the papers filed 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.

BRATHWAITE NELSON, J.P., MILLER, MALTESE and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court