Appellate Division: Second Judicial Department

M113613

E/sl

JOSEPH COVELLO, J.P.

ANITA R. FLORIO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

1995-02700 The People, etc., respondent, v Kevin Scott, appellant. (Ind. No. 902/94)

ORDER TO SHOW CAUSE

Renewed motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 2, 1995, as a poor person and for the assignment of counsel. The appellant's original motion for poor person relief and the assignment of counsel was denied with leave to renew by decision and order of this Court dated June 23, 1995.

Upon the papers filed in support of the motion and the papers filed in opposition 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 abandoned the appeal by filing an affidavit or affirmation on that issue with the Clerk of this court on or before February 3, 2011; 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim.

COVELLO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court