Appellate Division: Second Judicial Department

M55602

S/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

STEVEN W. FISHER

MARK C. DILLON, JJ.

1998-06540 The People, etc., respondent, v Dereck Francois, appellant. (Ind. No. 76/98)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 1, 1998, as a poor person, and for the assignment of counsel. The notice of appeal was filed July 1, 1998. The appellant did not contact the court nor did he seek leave to proceed as a poor person, until he made the instant motion.

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

ORDERED that the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before July 6, 2007; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of 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, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., FLORIO, FISHER and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court