Appellate Division: Second Judicial Department

M52122

J/sl

ROBERT A. SPOLZINO, J.P.

GLORIA GOLDSTEIN

STEVEN W. FISHER

WILLIAM E. McCARTHY, JJ.

2006-02284, 2006-02285 The People, etc., respondent, v Stephen Michelson, appellant. (Ind. Nos. 05-01188, 05-01189)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute appeals from two judgments of the County Court, Westchester County, both rendered February 6, 2006, to be relieved on the ground that the appellant has, in effect, abandoned the appeals by failing to respond to correspondence sent to him by assigned counsel. Motion by the respondent to dismiss the appeals as abandoned.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the respondent's motion is denied as the respondent's motion papers were not served upon the appellant at his last known address (see CPL 470.60[2]); and it is further,

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeals on the ground that he has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before April 16, 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).

SPOLZINO, J.P., GOLDSTEIN, FISHER and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court