Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M101083

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2001-00759 The People, etc., respondent, v Roey Diaz, appellant. (Ind. No. 3381/99)

ORDER TO SHOW CAUSE

Appeal by Roey Diaz from a judgment of the Supreme Court, Queens County, rendered January 10, 2001.

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 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 May 7, 2010; 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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, and upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court