Appellate Division: Second Judicial Department

M40995

S/sl

STEPHEN G. CRANE, J.P.

DANIEL F. LUCIANO

REINALDO E. RIVERA

ROBERT J. LUNN, JJ.

1998-10817 The People, etc., respondent, v Nadar Yafai, appellant. (Ind. No. 323/98)

ORDER TO SHOW CAUSE

Motion by retained counsel, to be withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered November 15, 1998, on the ground that the appellant has abandoned the appeal.

Upon the papers filed in support of the motion and the papers 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 entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before July 14, 2006, and the motion by counsel to be withdraw 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, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

CRANE, J.P., LUCIANO, RIVERA and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court