Appellate Division: Second Judicial Department

M105334

E/sl

PETER B. SKELOS, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2005-11066 The People, etc., respondent, v Leon McFarlane, appellant. (Ind. No. 9040/02)

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 November 16, 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 August 6, 2010; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel 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).

SKELOS, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court