People of State of New York v Benscosme
Motion No: 2016-12698
Slip Opinion No: 2025 NY Slip Op 68215(U)
Decided on May 7, 2025
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

M304773

AFA/

ROBERT J. MILLER, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2016-12698

People of State of New York, respondent,

v Luis Benscosme, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 27, 2016. Motion by the appellant's assigned counsel, inter alia, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications. By order to show cause dated March 10, 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.

MILLER, J.P., FORD, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court