Appellate Division: Second Judicial Department

M181681

E/htr

RANDALL T. ENG, P.J.

SANDRA L. SGROI

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-02025 The People, etc., respondent, v Francisco Claudio, appellant. (Ind. No. 11165/09)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 25, 2013, as amended February 4, 2013, in effect, to be relieved on the ground that the appellant has abandoned the appeal, by failing to respond to correspondence sent to him and other communications made 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 the appellant has abandoned, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 26, 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 pursuant to CPL 470.60(2).

ENG, P.J., SGROI, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court