People v Santana, Pedro
Motion No: 2009-11699
Slip Opinion No: 2016 NY Slip Op 95449(U)
Decided on December 28, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M223627

E/sl

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON, JJ.

2009-11699, 2009-11702, 2009-11703

2009-011705, 2009-11706

The People, etc., respondent,

v Pedro Santana, appellant.

(Ind. Nos. 4717/07, 10463/06;

S.C.I. Nos. 3415/07, 3416/07, 3417/07)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute appeals from five judgments of the Supreme Court, Kings County, all rendered November 20, 2009, in effect, to be relieved on the ground that the appellant has abandoned the appeals by failing to respond to communications 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 appeals on the ground that the appellant has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 27, 2017; and it is further,

ORDERED that the motion by assigned counsel, in effect, 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).

LEVENTHAL, J.P., DICKERSON, AUSTIN and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court