| People v Rovinsky, Joseph |
| Motion No: 2016-04475 |
| Slip Opinion No: 2021 NY Slip Op 71375(U) |
| Decided on September 10, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M279061
E/sl
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2016-04475 The People, etc., respondent, v Joseph Rovinsky, appellant. (Ind. No. 2389-11)
| ORDER TO SHOW CAUSE |
Appeal from a resentence of the County Court, Suffolk County, imposed March 28, 2016. By decision and order of this Court dated April 25, 2018, the matter was remitted to the County Court, Suffolk County, for further proceedings on the appellant's motion to withdraw his plea of guilty, the appointment of new counsel, and a report to this Court limited to findings with respect to the motion and whether the appellant established his entitlement to the withdrawal of his plea of guilty. Motion by the appellant's assigned counsel 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 October 12, 2021, 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 October 12, 2021; 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).
LASALLE, P.J., CHAMBERS, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court