Appellate Division: Second Judicial Department

M268314

U/sl

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-10545 The People, etc., respondent, v Jason Forgetta, appellant. (Ind. No. 6362/14)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated December 5, 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, Kings County, rendered September 12, 2016, in effect, to be relieved on the ground that the appeal has been rendered academic as the judgment was vacated.

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 not be made and entered dismissing the appeal 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 January 22, 2020; 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).

RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court