Appellate Division: Second Judicial Department

M59125

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2001-08850, 2001-08852 The People, etc., respondent, v Christopher Owens, appellant. (Ind. Nos. 01-00283, 01-00354)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute appeals from two judgments of the County Court, Orange County, both rendered September 28, 2001, in effect, to be relieved on the ground that the appellant has abandoned the appeals by failing to respond to correspondence sent to him by assigned counsel. By order to show cause dated June 27, 2007, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeals on the ground that he abandoned the appeals, and the motion by assigned counsel was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion by assigned counsel and the motion to dismiss the appeals as abandoned are denied; and it is further,

ORDERED that on the court's own motion, on or before October 15, 2007, the appellant's assigned counsel is directed to make a motion to direct the court reporter to transcribe the minutes of the proceedings in the above-entitled action, and, if those minues cannot be transcribed, to then move for a reconstruction hearing.

PRUDENTI, P.J., RIVERA, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court