Appellate Division: Second Judicial Department

M284267

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

JOSEPH A. ZAYAS

LARA J. GENOVESI, JJ.

2020-01043 The People, etc., respondent, v Javier L. Meneses, appellant. (Ind. No. 2036/2019)

ORDER TO SHOW CAUSE

Appeal from a judgment of the County Court, Suffolk County, rendered December 20, 2019. Motion by the appellant's assigned counsel, inter alia, 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 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 appeal (1) on the ground that the appellant has abandoned the appeal and/or (2) on the ground that the appeal has been rendered academic (see People v Hay, __AD3d__, 2022 NY Slip Op 04737), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 2, 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 September 2, 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).

BARROS, J.P., CHAMBERS, ZAYAS and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court