Appellate Division: Second Judicial Department

M242057

E/afa

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2017-06278 People of State of New York, respondent, v Kevin O'Brien, appellant.

ORDER TO SHOW CAUSE

Motion by Laurette D. Mulry, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated May 5, 2017, in effect, to be relieved on the ground that the order was entered upon the consent of the appellant.

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 order dated May 5, 2017, was entered upon his consent (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 28, 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.

RIVERA, J.P., COHEN, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court