Appellate Division: Second Judicial Department

M281551

AFA/

MARK C. DILLON, J.P.

BETSY BARROS

JOSEPH J. MALTESE

JOSEPH A. ZAYAS, JJ.

2021-02648 People, etc., ex rel. Lisa Napoli, on behalf of Amin Laboriel, appellant, v Anthony J. Annucci, etc., et al., respondents. (Index No. 53903/2020)

ORDER TO SHOW CAUSE

Appeal from an order and judgment (one paper) of the Supreme Court, Dutchess County, dated March 24, 2021. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of 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 the appeal should not be dismissed on the ground that the appeal has been rendered academic, by uploading an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before March 21, 2022; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; 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 the appellant's last known place of residence, or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., BARROS, MALTESE and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court