Appellate Division: Second Judicial Department

M34455

S/sl

ANITA R. FLORIO, J.P.

DAVID S. RITTER

GABRIEL M. KRAUSMAN

JOSEPH COVELLO, JJ.

2005-07498 People of the State of New York, etc., respondent, v James Parris, appellant.

ORDER TO SHOW CAUSE

Motion by the attorney assigned to represent the appellant on an appeal from an order of the County Court, Westchester County, dated July 20, 2005, inter alia, to be relieved on the ground that the appellant has been deported.

Upon the papers filed in support of the motion and no papers having been filed in relation thereto, it is

ORDERED that on the court's own motion the 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 the appellant is no longer available to obey the mandate of this court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit on that issue in the office of the Clerk of this court on or before January 27, 2006; and it is further,

ORDERED that the motion by the appellant's 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 the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

FLORIO, J.P., RITTER, KRAUSMAN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court