Appellate Division: Second Judicial Department

M84934

E/nl

HOWARD MILLER, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2002-02813 The People, etc., respondent, v Jose Dugger, appellant. (Ind. No. 97/01)

ORDER TO SHOW CAUSE

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the County Court, Dutchess County, rendered February 28, 2002, for leave to prosecute the appeal 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 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]), by filing an affidavit on that issue with the Clerk of this court on or before May 8, 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).

MILLER, J.P., ANGIOLILLO, ENG and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court