Appellate Division: Second Judicial Department

M141415

H/nl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

SHERI S. ROMAN, JJ.

2011-01900 People of State of New York, respondent, v Santos Diaz, appellant.

ORDER TO SHOW CAUSE

Motion by Matthew Muraskin, the attorney for the appellant, for leave to withdraw as counsel on an appeal from an order of the County Court, Suffolk County, dated February 2, 2011.

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 in the office of the Clerk of this Court on or before August 29, 2012; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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 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., BALKIN, ENG and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court