Appellate Division: Second Judicial Department

M304288

KS/

HECTOR D. LASALLE, P.J.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2024-04050 The People, etc., respondent, v Fabian Atkinson, appellant. (Ind. No. 71419/2021)

DECISION & ORDER ON MOTION

Appeal by Fabian Atkinson from a judgment of the Supreme Court, Suffolk County, rendered May 16, 2024. Motion by the appellant's assigned counsel, in effect, 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 February 24, 2025, 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.

LASALLE, P.J., BRATHWAITE NELSON, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court