Appellate Division: Second Judicial Department

M88985

S/sl

WILLIAM F. MASTRO, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2004-08878 The People, etc., respondent, v Dennis Moses, appellant. (Ind. No. 1469/02)

ORDER TO SHOW CAUSE

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered September 28, 2004. By decision and order on motion dated July 29, 2008, the respondent's motion to dismiss the appeal as abandoned was denied with leave to renew if the appellant failed, on or before September 2, 2008, to either move for poor person relief and the assignment of counsel, retain counsel and notify the court that he has done so, or perfect the appeal. The appellant has not complied with the decision and order on motion dated July 29, 2008.

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

ORDERED that the appellant is directed to show cause before this court, why an order should or should not be entered dismissing the appeal as abandoned (see 22 NYCRR 670.8[f]) by filing an affidavit on that issue with the Clerk of this court on or before July 31, 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, upon the attorney who last appeared for him, and upon the District Attorney by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., COVELLO, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court