Appellate Division: Second Judicial Department

M42339

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-06954 The People, etc., respondent, v Patrick Lanier, appellant. (Ind. No. 335/04)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Nassau County, rendered March 28, 2002. By decision and order on motion dated May 11, 2006, the motion of Thomas Liotti, Esq., to withdraw as counsel for the appellant was granted and the appellant was directed to either (1) perfect the appeal; (2) retain counsel and notify this court in writing of the name, address, and telephone number of such retained counsel; or (3) make a motion for leave to prosecute the appeal as a poor person and the assignment of counsel, on or before June 26, 2006. The appellant has not complied with the above directives.

Now, on the court's own motion, 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 18, 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, 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