Appellate Division: Second Judicial Department

M237825

E/sl

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-05281 The People, etc., respondent, v Elliot Aguirre, appellant. (Ind. No. 8365/15)

ORDER TO SHOW CAUSE

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 11, 2016, in effect, to be relieved of the assignment on the ground that the appellant has abandoned the appeal 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 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 October 20, 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).

CHAMBERS, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court