Appellate Division: Second Judicial Department

M261320

F/mm

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-03793 In the Matter of State of New York, respondent, v Christian Martinez, appellant. (Index No. 13/18)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated March 19, 2019, 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, Queens County, dated March 14, 2018, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel and on the ground that the appeal has been rendered academic as the appellant has been released from custody.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 abandoned the appeal and/or on the ground that the appeal has been rendered academic, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 18, 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).

RIVERA, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court