Appellate Division: Second Judicial Department

M145627

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2004-03686 The People, etc., respondent, v Willy Scharoun, appellant. (Ind. No. 9665/00)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered April 22, 2004, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for poor person relief and for the assignment of counsel.

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 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 November 26, 2012; and it is further,

ORDERED that the appellant'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., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court