Opinion
Motion No: 2013-01883 QCR
09-04-2014
The People of the State of New York, Respondent, v. Olivia Cruz, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered April 17, 2013, to be relieved of representing appellant on the appeal, and to dismiss the appeal without prejudice. Separate motion by respondent for an enlargement of time to serve and file papers in response to assigned counsel's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that assigned counsel's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the papers in response are deemed timely served and filed; and it is further,
ORDERED that assigned counsel's motion is granted, counsel is relieved of the assignment, and the appeal is dismissed without prejudice to a motion to reinstate the appeal should appellant return to this court's jurisdiction.
ENTER:
Paul Kenny
Chief Clerk