Appellate Division: Second Judicial Department

M44653

S/sl

DAVID S. RITTER, J.P.

GLORIA GOLDSTEIN

REINALDO E. RIVERA

ROBERT A. SPOLZINO, JJ.

2001-03266 The People, etc., respondent, v Darnell Tomlin, a/k/a Donnell Tomlin, appellant. (Ind. No. 2270/00)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 2001. By letter dated July 27, 2006, the attorney for the appellant was directed to advise the Clerk of this court, in writing, on or before August 15, 2006, when the appeal would be perfected. The attorney for the appellant did not respond to that letter. Subsequently, in response to a telephone call from the court's assigned counsel clerk the attorney advised the court that she would perfect the appeal by September 8, 2006. The appeal has not been perfected.

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 October 13, 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).

RITTER, J.P., GOLDSTEIN, RIVERA and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court