Appellate Division: Second Judicial Department

M266329

kbp/

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2010-08677 The People, etc., respondent, v Solomon Wilson, appellant. (Ind. No. 13327/93)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel to dismiss an appeal from an order of the Supreme Court, Queens County, dated August 13, 2010, issued pursuant to CPL 440.46, in effect, to be relieved on the ground that the appeal has been rendered academic by a determination of the appellant's renewed motion for the same relief.

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 the appeal should not be dismissed on the ground that it 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 November 1, 2019; and it is further,

ORDERED that the appellant'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).

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court