Appellate Division: Second Judicial Department

M161140

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

1997-10924 The People, etc., respondent, v Kevin Gentle, appellant. (Ind. No. 2612/96)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 12, 1997, as a poor person, 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 on the Court's own motion, the appellant is directed to show cause before this Court, why an order should or should not be 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 September 23, 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim.

ENG, P.J., DICKERSON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court