Appellate Division: Second Judicial Department

M38129

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2004-04321 The People, etc., respondent, v Salvadore Garcia Dominguez, appellant. (Ind. No. 03-1765)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Westchester County, rendered April 22, 2004. The appeal was perfected on February 6, 2006. The appellant's brief indicates that the appellant has been deported.

Now, on the court's own motion, it is

ORDERED that 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 April 28, 2006; 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., ADAMS, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court