Appellate Division: Second Judicial Department

M153917

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2010-11426 The People, etc., respondent, v Julius Pendleton, appellant. (Ind. No. 3106/08)

ORDER TO SHOW CAUSE

Appeal by Julius Pendleton from a judgment of the County Court, Suffolk County, rendered November 1, 2010. By decision and order on motion of this Court dated October 31, 2012, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was denied with leave to renew on or before January 3, 2013. The appellant has not renewed his motion.

Now, on the Court's own motion, 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 April 30, 2013; 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).

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court