Appellate Division: Second Judicial Department

M262706

E/mm

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2018-04375 People of State of New York, respondent, v Zhao Wei Yin, appellant.

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from an order of the Supreme Court, Nassau County, dated March 15, 2018, to be relieved on the ground that the appellant has abandoned the appeal by failing to respond to communications by assigned counsel and to stay all proceedings.

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 June 14, 2019; and it is further,

ORDERED that the branch of the motion by assigned counsel to be relieved is held in abeyance in the interim; and it is further,

ORDERED that the branch of the motion by assigned counsel to stay all proceedings is denied; 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., LEVENTHAL, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court