Opinion
2022-60546 Motion 2020-00025 SCR
01-12-2022
The People of State of New York, Respondent, v. Michael Mastandrea, Appellant.
Unpublished Opinion
MOTION DECISION
JERRY GARGUILO, P.J., TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ.
DECISION & ORDER ON MOTION
Motion by The Legal Aid Society of Suffolk Court, counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered October 24, 2019, in effect, to be relieved as counsel on the ground that appellant has abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated June 21, 2021, appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that he had abandoned the appeal by failing to respond to correspondence sent to him by assigned counsel, and the motion by assigned counsel to be relieved was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further, ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.