Appellate Division: Second Judicial Department

M51828

E/gts

HOWARD MILLER, J.P.

WILLIAM F. MASTRO

DAVID S. RITTER

RUTH C. BALKIN, JJ.

2002-05493 The People, etc., respondent, v John Napolitano, appellant. (Ind. No. 01-00585)

DECISION & ORDER ON MOTION

Motion by John P. Savoca, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered November 30, 2001, to be relieved of the assignment on the ground that the appellant cannot be located.

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 entered dismissing the appeal on the ground that the appellant has abandoned the appeal (see CPL 460.70[2][c]; 22 NYCRR 670.8[f]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before April 11, 2007; and it is further,

ORDERED that the motion by assigned counsel 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, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., MASTRO, RITTER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court