Appellate Division: Second Judicial Department

M74085

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PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2004-08366 The People, etc., respondent, v Thomas Graziano, appellant. (Ind. No. 933-03)

ORDER TO SHOW CAUSE

On the court's own motion, it is

ORDERED that its order to show cause dated July 25, 2008, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by Anthony Battisti, appellant's retained counsel on an appeal from a judgment of the County Court, Suffolk County, rendered August 19, 2004, to withdraw as counsel on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 September 5, 2008; and it is further,

ORDERED that the motion 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court