Appellate Division: Second Judicial Department

M43375

J/sl

ROBERT W. SCHMIDT, J.P.

FRED T. SANTUCCI

REINALDO E. RIVERA

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-11596 The People, etc., respondent, v Jefferson Rodriguez, appellant. (Ind. No. 582/01)

ORDER TO SHOW CAUSE

Motion by assigned counsel for the appellant, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Kings County, rendered June 9, 2005, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.

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 made and entered dismissing the appeal on the ground that the appellant has been deported and is no longer available to obey the mandate of the 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 with the Clerk of this court on or before September 18, 2006; and it is further,

ORDERED that the appellant's motion 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for him, and upon the District Attorney, by regular mail.

SCHMIDT, J.P., SANTUCCI, RIVERA, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court