Appellate Division: Second Judicial Department

M283626

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-07919, 2018-07920, 2018-07921, 2018-07922 The People, etc., respondent, v Michael Cummings, appellant. (Ind. Nos. 1991/2018, 1195/2016, 2241/2017, 66606/2017)

ORDER TO SHOW CAUSE

Appeals from four judgments of the Supreme Court, Kings County, all rendered May 24, 2018. Application by the appellant to withdraw the appeals from the judgments rendered under Indictment Nos. 1195/2016, 2241/2017, and 66606/2017. Motion by the appellant's assigned counsel, in effect, to be relieved on the appeal from the judgment rendered under Indictment No. 1991/2018, 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 application and the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted and the appeals from the judgments rendered under Indictment Nos. 1195/2016, 2241/2017, and 66606/2017, are deemed withdrawn; and it is further,

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 from the judgment rendered under Indictment No. 1991/2018, on the ground that the appellant has abandoned that appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 25, 2022, 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 July 25, 2022; 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., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court