Appellate Division: Second Judicial Department

M259917

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REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-10032 The People, etc., respondent, v Christian Arce, appellant. (Ind. No. 16-00485)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from a judgment of the County Court, Orange County, rendered February 23, 2017, inter alia, to be relieved on the ground that the appeal has been rendered academic by an order of the same court dated November 30, 2018, which vacated the judgment.

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 appeal has been rendered academic by an order of the same court dated November 30, 2018, which vacated the judgment, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 8, 2019; and it is further,

ORDERED that assigned counsel's motion 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).

RIVERA, J.P., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court