Appellate Division: Second Judicial Department

M88820

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ROBERT A. SPOLZINO, J.P.

PETER B. SKELOS

MARK C. DILLON

JOHN M. LEVENTHAL, JJ.

2006-05318 The People, etc., respondent, v James Kalamaras, appellant. (Ind. No. 2696/05)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, Esq., to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 16, 2006.

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

ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal has been rendered academic by the appellant's resentencing on October 28, 2008, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before July 31, 2009; and it is further,

ORDERED that the motion by assigned counsel 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).

SPOLZINO, J.P., SKELOS, DILLON and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court