Appellate Division: Second Judicial Department

M108003

E/ct

WILLIAM F. MASTRO, J.P.

FRED T. SANTUCCI

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS, JJ.

2009-01504 The People, etc., respondent, v Anthony Consolazio, appellant. (Ind. No. 2126-00)

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell, Esq., counsel assigned to prosecute an appeal from a resentence of the County Court, Suffolk County, imposed January 27, 2009, in effect, to be relieved on the ground that the appeal has been rendered academic by an order of the same court dated July 16, 2010.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

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 appeal has been rendered academic by an order of the same court dated July 16, 2010, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before October 1, 2010; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved 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, ANGIOLILLO and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court