Appellate Division: Second Judicial Department

M57504

J/sl

ROBERT W. SCHMIDT, J.P.

STEPHEN G. CRANE

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-06751 ORDER TO SHOW CAUSE The People, etc., respondent, v Ladislav Ruc, appellant. (Ind. No. 1196/04)

Appeal by the defendant from a judgment of the Supreme Court, Queens County, rendered June 10, 2005. By letter dated February 12, 2007, the appellant's attorneys advised the court that they had been discharged. By decision and order on motion dated February 21, 2007, the appellant was directed to either (1) retain new counsel and advise the court of the name of his new counsel, (2) move for leave to prosecute the appeal as a poor person and for the assignment of counsel, or (3) advise the court that he intends to proceed pro se, on or before March 23, 2007. The appellant has not complied with the decision and order on motion of this court.

Now on the court's own motion, it is

ORDERED that the appellant show cause before this court why this appeal should or should not be dismissed on the ground that he has abandoned the appeal by failing to comply with the decision and order on motion dated February 21, 2007, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before August 27, 2007; 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 defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.

SCHMIDT, J.P., CRANE, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court