| People v Jones, Cecilia |
| Motion No: 2011-11869 |
| Slip Opinion No: 2018 NY Slip Op 74854(U) |
| Decided on June 11, 2018 |
| 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. |
Appellate Division: Second Judicial Department
M251168
E/afa
MARK C. DILLON, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON, JJ.
|
2011-11869 The People, etc., respondent, v Cecilia Jones, appellant. (Ind. No. 2376/10)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the County Court, Suffolk County, rendered November 30, 2011, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel. Separate motion by the respondent to dismiss the appeal, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for failure to prosecute. By decision and order on motion of this Court dated March 19, 2018, the appellant's motion was granted to the extent that counsel was assigned to respond to the respondent's motion, the appellant's motion was otherwise held in abeyance in the interim, the appellant's time to respond to the respondent's motion was extended, and the respondent's motion was held in abeyance in the interim.
Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition 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 11, 2018; and it is further,
ORDERED that the portion of the appellant's motion which was previously held in abeyance and the respondent's motion are continued to be 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 her last known place of residence or, if she is imprisoned, at the institution in which she is confined, and upon the attorney who last appeared for her, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
DILLON, J.P., ROMAN, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court