Appellate Division: Second Judicial Department

M201156

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2014-09779 The People, etc., respondent, v Jerry Waters, appellant. (Ind. No. 181/96)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from an order of the Supreme Court, Richmond County, dated September 12, 2014, issued pursuant to CPL 440.46, in effect, to be relieved of the assignment. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or 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 appeal has been rendered academic, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 4, 2015; and it is further,

ORDERED that the motion by assigned counsel, in effect, to be relieved and the application by the respondent are 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).

BALKIN, J.P., HALL, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court