Appellate Division: Second Judicial Department

M94972

E/sl

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

L. PRISCILLA HALL, JJ.

2003-06044 The People, etc., respondent, v Steven Scarborough, appellant. (Ind. No. 6972/02)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 23, 2003, 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 and 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 he abandoned the appeal by failing to take any action to perfect the appeal until making the instant motion, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before December 28, 2009; and it is further,

ORDERED that the appellant's motion 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).

MASTRO, J.P., SANTUCCI, ENG and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court