Appellate Division: Second Judicial Department

M89361

S/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2006-03558 The People, etc., respondent, v Luis Zhangui, appellant. (Ind. No. 2445/04)

ORDER TO SHOW CAUSE

Motion by the respondent to direct the appellant to file a transcript of the minutes of the Wade/Dunaway hearing on an appeal from a judgment of the Supreme Court, Queens County, rendered April 3, 2006. Application by the appellant pro se for poor person relief to the extent that he be provided with the transcript of the minutes of the Wade/Dunaway hearing, without charge, and for the assignment of counsel. By decision and order on motion dated May 13, 2009, the application was denied with leave to renew on or before June 12, 2009, upon proper papers, including the appellant's affidavit setting forth (1) the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income before conviction, (2) the amount and source of counsel fees paid to retained counsel, and the fee for the trial transcript, and the motion by the respondent was held in abeyance in the interim. In the event that the appellant did not renew his application by June 12, 2009, he was to advise the court whether he (1) will retain new counsel or (2) proceed pro se and adopt the brief filed by his former counsel, as supplemented by the supplemental pro se brief, or rely solely on the supplemental brief. The appellant has not complied with the above directives.

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

ORDERED that the parties show cause before this court why the appeal should not be dismissed as abandoned for failing to comply with the decision and order on motion dated May 13, 2009, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before August 14, 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 the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., ANGIOLILLO, DICKERSON and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court