| People v Frazier, Maurice |
| Motion No: 2007-01085 |
| Slip Opinion No: 2014 NY Slip Op 70481(U) |
| Decided on April 28, 2014 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M172894
E/mv
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2007-01085
The People, etc., respondent, v Maurice Frazier, appellant.
(Ind. No. 731/06)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated April 11, 2014, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered January 23, 2007, 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 and 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 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 May 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:
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, 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).
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
07-A-0813
Elmira Corr. Fac.
P.O. Box 500
Elmira, N.Y. 14902