Appellate Division: Second Judicial Department

M305447

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

PHILLIP HOM, JJ.

2018-09059 The People, etc., respondent, v Tomas Rivera, appellant. (Ind. No. 1393/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered June 28, 2018. 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 March 26, 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., DOWLING, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court