Appellate Division: Second Judicial Department

M133240

E/ct

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2009-03524 People of State of New York, respondent, v Komfi Afeto, appellant.

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell, counsel assigned to represent the appellant on an appeal from an order of the County Court, Suffolk County, dated March 12, 2009, in effect, to be relieved, on the ground that the order was issued on the appellant's consent.

Upon the papers filed in support of the motion and the papers filed in relation 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 order dated March 12, 2009, was issued on the appellant's consent (see CPLR 5511), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before March 12, 2012; and it is further,

ORDERED that 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, and upon the attorney, if any, who last appeared for the appellant, and upon the District Attorney, by regular mail.

RIVERA, J.P., ANGIOLILLO, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court