Appellate Division: Second Judicial Department

M50464

E/mv

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2006-06959 The People, etc., respondent, v John Rucker, appellant. (Ind. No. 8038/78)

DECISION & ORDER ON MOTION

Motion by Warren S. Hecht, Esq., counsel assigned to prosecute an appeal from an order of the Supreme Court, Queens County, dated May 31, 2006, which determined a motion made pursuant to Ch 643, L 2005, inter alia, to withdraw as 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 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 by assigned counsel to withdraw as counsel 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.

MASTRO, J.P., FISHER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court