Appellate Division: Second Judicial Department

M93612

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

L. PRISCILLA HALL, JJ.

2005-02479 The People, etc., respondent, v Devon Keitt, appellant. (Ind. No. 861/04)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 7, 2005, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition 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 he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before November 27, 2009; and it is further,

ORDERED that the motion by the appellant pro se 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).

RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court