Appellate Division: Second Judicial Department

M81917

E/sl

PETER B. SKELOS, J.P.

DAVID S. RITTER

ANITA R. FLORIO

HOWARD MILLER, JJ.

2007-08159, 2007-08161 The People, etc., respondent, v Roy Thomas, appellant. (S.C.I. Nos. 776/05, 777/05)

ORDER TO SHOW CAUSE

Motion by appellant for leave to prosecute appeals from two judgments of the Supreme Court, Queens County, both rendered November 13, 2006, as a poor person and for the assignment of counsel.

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

ORDERED that on the court's own motion, the parties or their attorneys are directed to show cause before this court, why an order should or should not be made and entered dismissing the appeals on the ground that the appellant has been deported and is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 20, 2009; and it is further,

ORDERED that the motion 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for him, and upon the District Attorney, by regular mail.

SKELOS, J.P., RITTER, FLORIO and MILLER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court