Appellate Division: Second Judicial Department

M268822

kbp/

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY, JJ.

2015-11144 The People, etc., respondent, v David Clarke, appellant. (Ind. No. 14-00486)

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel on an appeal from a judgment of the Supreme Court, Westchester County, rendered October 15, 2015, in effect, 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 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 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 February 13, 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., BALKIN, LEVENTHAL and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court