Appellate Division: Second Judicial Department

M42091

E/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-04045, 2005-04047 The People, etc., respondent, v Abner Alvarez, appellant. (Ind. Nos. 04-00579, 04-00841)

ORDER TO SHOW CAUSE

Motion by Alex Smith, Esq., counsel assigned to prosecute appeals from two judgments of the County Court, Orange County, both rendered March 21, 2005, in effect, to be relieved on the ground that the appeals have been abandoned.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before August 16, 2006; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved 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, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

FLORIO, J.P., ADAMS, SANTUCCI and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court