People v Rakhmatullaev, Sardor
Motion No: 2018-14324
Slip Opinion No: 2020 NY Slip Op 70232(U)
Decided on August 20, 2020
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

M272570

E/jr

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-14324, 2019-02431

The People, etc., respondent,

v Sardor Rakhmatullaev, appellant.

(Ind. Nos. 2077/2018, 2079/2018)

ORDER TO SHOW CAUSE

Appeals from two judgments of the Supreme Court, Queens County, both rendered October 31, 2018. Motion by the appellant's assigned counsel, in effect, to be relieved on the ground that the appellant has abandoned the appeals 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 not be made and entered dismissing the appeals on the ground that the appellant has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 24, 2020, by ordinary mail; assigned counsel or the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before September 24, 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., AUSTIN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court