Appellate Division: Second Judicial Department

M108004

E/ct

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2008-07989 The People, etc., respondent, v Jose Suriel, appellant. (Ind. No. 10325/03)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, Esq., counsel assigned to represent the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 17, 2007, in effect, to be relieved, on the ground that the appellant has been deported and is no longer available to obey the mandate of the court.

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 parties or their attorneys are 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 October 1, 2010; and it is further,

ORDERED that the assigned counsel'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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined by ordinary mail pursuant to CPL 470.60(2), and upon the attorney, if any, who last appeared for the appellant, and upon the District Attorney, by regular mail.

COVELLO, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court