Appellate Division: Second Judicial Department

M65413

S/sl

ROBERT A. SPOLZINO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

EDWARD D. CARNI, JJ.

2001-08293 The People, etc., respondent, v Frank Kocaj, appellant. (Ind. No. 00-06034)

ORDER TO SHOW CAUSE

Appeal by Frank Kocaj from a judgment of the Supreme Court, Westchester County, rendered August 16, 2001. By decision and order on motion dated November 14, 2007, the appellant's motion for poor person relief and the assignment of counsel, was denied with leave to renew on or before January 2, 2008, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including any and all sources of income. The appellant has not moved to renew.

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

ORDERED that the appellant 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 February 22, 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 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).

SPOLZINO, J.P., SANTUCCI, ANGIOLILLO and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court