Appellate Division: Second Judicial Department

M42357

S/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

FRED T. SANTUCCI

MARK C. DILLON, JJ.

2005-04582 The People, etc., respondent, v John Maglione, appellant. (S.C.I. No. 1864/04)

ORDER TO SHOW CAUSE

Motion by the Legal Aid Society of Nassau County, counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 6, 2005, to be relieved of the assignment on the ground that the appellant has not responded to letters sent to him by assigned counsel regarding the prosecution of the appeal.

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 motion by assigned counsel 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