Opinion
Motion No 2021-03190
06-14-2023
People of State of New York, respondent, v. Eddie Diaz, appellant.
Unpublished Opinion
MOTION DECISION
M289510
MARK C. DILLON, J.P., JOSEPH J. MALTESE, BARRY E. WARHIT. LILLIAN WAN, JJ.DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated April 30, 2021. Motion by the appellant's assigned counsel, in effect, to be relieved of the assignment 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 10, 2023, 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 the papers filed in response thereto, and upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or 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.
DILLON, J.P., MALTESE, WARHIT and WAN, JJ., concur.