Appellate Division: Second Judicial Department

M70032

E/sl

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2005-07784 The People, etc., respondent, v Henry Perez, appellant. (Ind. No. 04-00594)

DECISION & ORDER ON MOTION

Motion by Mathew B. Tully, counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered December 14, 2004, to be relieved on the ground that the appellant has, in effect, abandoned the appeal, by failing to cooperate with his assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before June 6, 2008; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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 5551 NW 76th Place, Pompano Beach, FL 33073, and Groveland Correctional Fac., 7000 Sonyea Road, Sonyea, NY 14556, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

PRUDENTI, P.J., MILLER, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court