Appellate Division: Second Judicial Department

M166732

E/mv

WILLIAM F. MASTRO, J.P.

PLUMMER E. LOTT

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2005-05208 The People, etc., respondent, v James Coward, appellant. (Ind. No. 27/05)

ORDER TO SHOW CAUSE

Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the County Court, Nassau County, rendered May 5, 2005, 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 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 as abandoned (see 22 NYCRR 670.8[f]), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 21, 2014; and it is further,

ORDERED that the appellant's motion is granted to the extent that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause, and the motion is otherwise held in abeyance in the interim:

Matthew Muraskin, Esq.

646 Main Street

Port Jefferson, N.Y. 11777

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 attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court