Appellate Division: Second Judicial Department

M132863

E/sl

PETER B. SKELOS, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2006-06766 The People, etc., respondent, v Raul Alveraz-Avilas, appellant. (Ind. No. 2396/05)

ORDER TO SHOW CAUSE

Appeal by Raul Alveraz-Avilas from a judgment of the County Court, Nassau County, rendered June 1, 2006. By decision and order on motion dated November 29, 2011, the appellant's motion, in effect, to restore the appeal, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), to active status, for leave to prosecute the appeal as a poor person, and for the assignment of counsel was denied, with leave to renew, on or before December 30, 2011. The appellant has not renewed the motion.

Now, on the Court's own motion, 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 8, 2012; 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).

SKELOS, J.P., BELEN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court