Appellate Division: Second Judicial Department

M85496

S/cb

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2002-04291, 2002-04292 The People, etc., respondent, v Yan Reznikov, appellant. (Ind. Nos. 5143/01, 8188/01)

ORDER TO SHOW CAUSE

Appeals by Yan Resnikov from two judgments of the Supreme Court, Kings County, rendered April 8, 2002, and April 12, 2002, respectively. By decision and order on motion dated November 13, 2008, the respondent's motion to dismiss the appeal for failure to prosecute was denied and the appellant was given until February 10, 2009, to perfect the appeals. The appeals have not been perfected., and the appellant's retained counsel has not responded to two letters issued by the Clerk of this court dated March 6, 2009, and April 13, 2009, requesting the status of the appeals.

Now, on the court's own motion, it is

ORDERED that the appellant show cause before this court why the appeals should not be dismissed for failure to perfect in accordance with the rules (see 22 NYCRR 670.1, et seq.), and prior orders of this court, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before May 8, 2009; 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 his attorney, Raymond E. Kerno, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., DILLON, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court