Appellate Division: Second Judicial Department

M63552

J/sl

WILLIAM F. MASTRO, J.P.

STEVEN W. FISHER

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2001-03273 The People, etc., respondent, v Joseph Legerme, appellant. (Ind. No. 00402/00)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the County Court, Rockland County, rendered March 14, 2001. By decision and order on motion dated September 13, 2002, the respondent's cross motion to dismiss the appeal as abandoned was denied, with leave to renew in the event that, on or before December 12, 2002, the appellant fails to either (1) perfect the appeal, (2) notify the court that he has retained counsel to perfect the appeal, or (3) move for leave to prosecute the appeal as a poor person and for the assignment of counsel. The appellant has not performed any of the acts specified in the decision and order on motion dated September 13, 2002.

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 perform any of the acts specified in the decision and order on motion dated September 13, 2002, by filing an affirmation or affidavit on that issue with the Clerk of this court on or before January 10, 2008; 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.

MASTRO, J.P., FISHER, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court