Appellate Division: Second Judicial Department

M165534

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

1991-00114, 1991-00116 The People, etc., respondent, v Paul Thompson, appellant. (Ind. Nos. 4/89, 61/89)

ORDER TO SHOW CAUSE

Appeals by the defendant from two judgments of the Supreme Court, Richmond County, both rendered March 23, 1990.

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated September 4, 2013, in the above-entitled matter is recalled and vacated and the following order to show cause is substituted therefor:

Motion by the appellant pro se to restore to active status appeals from two judgments of the Supreme Court, Richmond County, both rendered March 23, 1990, which were deemed abandoned pursuant to 22 NYCRR 670.8(f), to enlarge the time to perfect the appeals, 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 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 appeals on the ground that he has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 6, 2014; and it is further,

ORDERED that the appellant's motion is granted to the extent that counsel is assigned to represent the appellant on the motion to dismiss the appeals; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to represent the appellant on the motion to dismiss the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 new counsel for the appellant, 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 otherwise held in abeyance pending determination of the Court's motion to dismiss the appeals.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

07-A-2094

354 Hunter Street

Sing Sing Corr. Fac.

Ossining, N.Y. 10562