Appellate Division: Second Judicial Department

M41408

S/sl

ROBERT W. SCHMIDT, J.P.

DAVID S. RITTER

FRED T. SANTUCCI

ROBERT J. LUNN, JJ.

2003-11245 The People, etc., respondent, v Virgil Popa, appellant. (Ind. No. 3146/02)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered December 11, 2003. The appeal was perfected on January 11, 2006, the respondent filed its brief on March, 24, 2006, the reply brief was filed on April 11, 2006, and the appeal was placed on this court's calendar for June 6, 2006. By letter dated June 14, 2006, the appellant's attorney informed the court that the appellant was deported on June 6, 2006.

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

ORDERED that the appellant, or his attorney, are 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 July 14, 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.

SCHMIDT, J.P., RITTER, SANTUCCI and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court