People v Dalling, Gary
Motion No: 2021-08384
Slip Opinion No: 2025 NY Slip Op 70256(U)
Decided on June 4, 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

M305567

AFA/

LARA J. GENOVESI, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

DONNA-MARIE E. GOLIA, JJ.

2021-08384

The People, etc., respondent,

v Gary Dalling, appellant.

(Ind. No. 395/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered October 12, 2021. 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 April 21, 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 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.

GENOVESI, J.P., WOOTEN, VENTURA and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court