Appellate Division: Second Judicial Department

M258123

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2010-05493, 2012-04458 The People, etc., respondent, v Richard V. Basa, appellant. (Ind. No. 2717/09)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on appeals from a judgment of the Supreme Court, Queens County, rendered May 19, 2010, and a resentence of the same court, imposed April 19, 2012, in effect, to be relieved on the ground that the appellant has abandoned the appeals 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 appeals on the ground that the appellant has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 14, 2019; and it is further,

ORDERED that the motion by assigned counsel 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).

SCHEINKMAN, P.J., RIVERA, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court