Appellate Division: Second Judicial Department

M43679

S/sl

A. GAIL PRUDENTI, P.J.

STEPHEN G. CRANE

WILLIAM F. MASTRO

PETER B. SKELOS, JJ.

2005-00596 The People, etc., respondent, v Bartolo Diaz, appellant. (Ind. No. 1511/94)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, rendered December 14, 2004, to be relieved on the ground, that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel.

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 September 22, 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).

PRUDENTI, P.J., CRANE, MASTRO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court