Opinion
Motion No: 2009-02676 Ind. No. 2197/08 M130960
03-08-2012
, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
JOHN M. LEVENTHAL, JJ.
DECISION & ORDER ON MOTION
Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered February 20, 2009, in effect, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated June 30, 2011, the 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.
Upon the order to show cause and no papers having been 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 (see 22 NYCRR 670.8[f]; CPL 470.60[1]); and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
SKELOS, J.P., DICKERSON, ENG and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court