Appellate Division: Second Judicial Department

M45231

S/sl

ANITA R. FLORIO, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

ROBERT J. LUNN, JJ.

2005-06555 The People, etc., respondent, v Emmanuel Nkemakolam, appellant. (Ind. No. 14004/91)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the Supreme Court, Queens County, dated May 11, 2005, which denied his motion pursuant to L 2004, Ch 738. By letter dated March 24, 2006, the attorney for the appellant advised the court that the appellant has moved out of State and apparently does not want to pursue the appeal.

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 October 20, 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., GOLDSTEIN, LUCIANO and LUNN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court