People v Cruzlanza, Jose L., also known as Cruz-Lanza, Jose
Motion No: 2016-02234
Slip Opinion No: 2019 NY Slip Op 67563(U)
Decided on April 10, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261734

E/mm

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

RUTH C. BALKIN

JOSEPH J. MALTESE, JJ.

2016-02234

The People, etc., respondent,

v Jose L. Cruzlanza, also known as

Jose Cruz-Lanza, appellant.

(Ind. No. 15-00312)

ORDER TO SHOW CAUSE

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 23, 2016, 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 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 May 9, 2019; and it is further,

ORDERED that the motion by assigned counsel 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).

MASTRO, J.P., RIVERA, BALKIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court