People v Bennett, Fitzroy
Motion No: 2003-01333
Slip Opinion No: 2006 NYSlipOp 78693(U)
Decided on October 27, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M46215

J/sl

ANITA R. FLORIO, J.P.

THOMAS A. ADAMS

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA, JJ.

2003-01333

The People, etc., respondent,

v Fitzroy Bennett, appellant.

(Ind. No. 02-00133)

ORDER TO SHOW CAUSE

Appeal by Fitzroy Bennett from a judgment of the County Court, Rockland County, rendered January 15, 2003. The appeal has not been perfected.

Now, upon the court's own motion, it is

ORDERED that the appellant show cause before this court why an order should or should not be made and entered dismissing the appeal as abandoned (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before November 27, 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, by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

FLORIO, J.P., ADAMS, KRAUSMAN and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court