Appellate Division: Second Judicial Department

M204427

E/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2003-05791 People of the State of New York, respondent, v Willie Allen, appellant.

ORDER TO SHOW CAUSE

Motion by Kent V. Moston, counsel assigned to represent the appellant by the County Court, Nassau County, to be relieved as counsel for the appellant on an appeal from an order of the County Court, Nassau County, dated June 18, 2003, on the ground that the appellant has abandoned the appeal.

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 the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 16, 2016; 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.

LEVENTHAL, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court