People v Alvarado, Orlando
Motion No: 2015-05759
Slip Opinion No: 2017 NY Slip Op 77444(U)
Decided on June 19, 2017
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

M232861

E/afa

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2015-05759

The People, etc., respondent,

v Orlando Alvarado, appellant.

(Ind. No. 548/15)

ORDER TO SHOW CAUSE

Motion by N. Scott Banks, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered June 23, 2015, to be relieved and for the assignment of new 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 the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 17, 2017; and it is further,

ORDERED that the motion by assigned counsel, inter alia, 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., AUSTIN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court