Appellate Division: Second Judicial Department

M229007

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2015-11446 The People, etc., respondent, v Johnson Foy, Jr., appellant. (S.C.I. No. 149S/15)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated March 8, 2017, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by Thomas N.N. Angell, counsel assigned to represent the appellant by the County Court, Dutchess County, to be relieved as counsel on an appeal from a judgment of the County Court, Dutchess County, rendered September 29, 2015.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as the assignment does not continue (see 22 NYCRR 671.2, 671.3); and it is further,

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 (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 4, 2017; 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).

DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court