Appellate Division: Second Judicial Department

M98162

S/sl

PETER B. SKELOS, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

2007-09726 ORDER TO SHOW CAUSE The People, etc., respondent, v Christopher Anderson, appellant. (S.C.I. No. 229/06)

Motion by Howard D. Simmons, Esq., the attorney for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the County Court, Dutchess County, rendered November 16, 2006, on the ground that the appellant has been deported.

Upon the papers filed in support of the motion and no papers having been filed in relation or in opposition thereto, it is

ORDERED that the motion is granted, and Howard D. Simmons, Esq., is relieved from representing the appellant with respect to the instant appeal; and it is further,

ORDERED that on the court's own motion, 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 appellant has been deported and is no longer available to obey the mandate of the court (see People v Hutchings, 40 NY2d 836; People v Smith, 115 AD2d 625; People v Davis, 87 AD2d 578), by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 5, 2010; and it is further,

ORDERED that on or before February 16, 2010, Howard D. Simmons 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 by ordinary mail pursuant to CPL 470.60(2), and upon the District Attorney, by regular mail, and Howard D. Simmons shall file proof of service with the Clerk of this court.

SKELOS, J.P., FLORIO, HALL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court