Opinion
2011-11543 Ind. No. 09-00206 M150359
01-28-2013
The People, etc., respondent, v. Joseph O'Gilvie, appellant.
, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by Rachel J. Filasto, counsel assigned to prosecute an appeal from an amended judgment of the County Court, Westchester County, rendered October 4, 2011, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel. Cross motion by the respondent to dismiss the appeal as abandoned.
Upon the papers filed in support of the motion and the cross motion, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the cross motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,
ORDERED that the motion to be relieved is granted.
SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court