Appellate Division: Second Judicial Department

M50452

E/mv

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2003-02638 The People, etc., respondent, v Eric Marshall, appellant. (Ind. No. 01-01655)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 27, 2003, in effect, to be relieved of the assignment.

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 on the ground that is has been abandoned by filing an affidavit on that issue with the Clerk of this court on or before March 9, 2007, and the motion, in effect, 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, by ordinary mail pursuant to CPL 470.60(2), and the District Attorney, by regular mail.

RIVERA, J.P., SPOLZINO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court