Appellate Division: Second Judicial Department

M129481

E/sl

WILLIAM F. MASTRO, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-02394 The People, etc., respondent, v Kenneth M. Bowrosen, appellant. (Ind. No. 2828-10)

ORDER TO SHOW CAUSE

Motion by Susan A. DeNatale, counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered February 25, 2011, to be relieved, on the ground that the appellant has, in effect, abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation 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 December 30, 2011; 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.

MASTRO, J.P., HALL, SGROI and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court