Appellate Division: Second Judicial Department

M171280

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-08353 People of State of New York, respondent, v Danny Chavez, appellant,

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell, the appellant's assigned counsel, on an appeal from an order of the County Court, Suffolk County, dated August 7, 2013, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him by assigned counsel.

Upon the papers filed in support of the motion and the papers filed in relation 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 on the ground that no appeal lies upon an order entered upon the consent of the appealing party (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 21, 2014; and it is further,

ORDERED that the motion by assigned counsel to be relieved 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.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court