Appellate Division: Second Judicial Department

M259098

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2015-07809 The People, etc., respondent, v Victor Cubero, appellant. (Ind. No. 3375/13)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated October 1, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 27, 2015, in effect, to be relieved 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 absconded and is no longer available to comply with the mandate of the Court (see People v Taveras, 10 NY3d 227), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 11, 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).

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court