Appellate Division: Second Judicial Department

M293225

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-09276, 2019-09458 The People, etc., respondent, v Eddie Suarez, appellant. (Ind. Nos. 295/2018, 24163C/2017)

ORDER TO SHOW CAUSE

Appeals from two judgments of the Supreme Court, Kings County, both rendered July 16, 2019. Motion by the appellant's assigned counsel 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 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 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 Acting Clerk of this Court on or before January 26, 2024, 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 January 26, 2024; 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 Acting Clerk of this Court or his 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:

Darrell M. Joseph

Acting Clerk of the Court