Appellate Division: Second Judicial Department

M84327

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

PLUMMER E. LOTT, JJ.

2007-02976 The People, etc., respondent, v Thomas Smith, appellant. (Ind. No. 02-03855)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed March 12, 2007, as a poor person and for the assignment of counsel.

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

ORDERED that on the court's own motion, the appellant is directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground of lack of prosecution (see 22 NYCRR 670.8[f]; CPL 470.60[1]), by filing an affidavit on that issue with the Clerk of this court on or before April 24, 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, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court