Appellate Division: Second Judicial Department

M134630

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

ARIEL E. BELEN

JEFFREY A. COHEN, JJ.

2009-07958 The People, etc., respondent, v Bill Mabry, appellant. (Ind. No. 8637/02)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, in effect, to be relieved as counsel for the appellant on an appeal from a judgment of the Supreme Court, Kings County, rendered August 4, 2009, on the ground that the appellant has absconded from parole supervision.

Upon the papers filed in support of the motion and the papers filed in opposition 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 the appellant has absconded from parole supervision, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 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 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).

DILLON, J.P., ANGIOLILLO, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court