Opinion
2022-64905 Motion 2021-00232 WCR
04-15-2022
The People of the State of New York, Respondent, v. Richard J. Molloy, Appellant.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P., HELEN VOUTSINAS, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Motion by Richard L. Herzfeld, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Justice Court of the Town of Somers, Westchester County, rendered March 22, 2021, 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.
Upon the papers filed in support of the motion and the papers having been filed in response thereto, it is
ORDERED that appellant is 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 has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before May 25, 2022; and it is further, ORDERED that the motion by assigned counsel is held in abeyance in the interim; and it is further, ORDERED that the Clerk of this court or his designee is directed to serve a copy of this order to show cause upon appellant at his last known place of residence, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60 (2).