Appellate Division: Second Judicial Department

M140974

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2005-04046 The People, etc., respondent, v Robert Geter, appellant. (Ind. No. 04-00799)

ORDER TO SHOW CAUSE

Motion by Mark Diamond, counsel assigned to represent the appellant on an appeal from a judgment of the County Court, Orange County, rendered April 19, 2005, 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 on the Court's own motion, 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 affidavit on that issue with the Clerk of this Court on or before August 20, 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court