Appellate Division: Second Judicial Department

M132349

E/sl

ANITA R. FLORIO, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2011-06988 The People, etc., respondent, v Rich Shamel, appellant. (Ind. No. 2634-10)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered July 13, 2011, as a poor person, and for the assignment of counsel. In an undated letter, the appellant asked to withdraw the motion. By letter dated October 24, 2011, this Court requested that the appellant resubmit a signed letter that was copied to the respondent if he wanted to withdraw the motion and asked the appellant whether he also wished to withdraw his appeal. No response has been received.

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 March 1, 2012; and it is further,

ORDERED that the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is held in abeyance in the interim; and it is further,

ORDERED that the Clerk of this Court or her 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).

FLORIO, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court