Appellate Division: Second Judicial Department

M128158

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2005-08102 The People, etc., respondent, v Neville Davis, appellant. (S.C.I. No. 03-01213)

ORDER TO SHOW CAUSE

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 2005, on the ground that the appellant has been deported and is no longer amenable to the jurisdiction of the Court.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied (see People v Ventura, ___ NY3d ___ [Oct. 25, 2011]; and it is further,

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 December 2, 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, 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., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court