People v Collins, Austin
Motion No: 2022-04102
Slip Opinion No: 2025 NY Slip Op 63290(U)
Decided on February 24, 2025
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M303093

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-04102, 2022-04103

The People, etc., respondent,

v Austin Collins, appellant.

(Ind. Nos. 724/2021, 70927/2021)

ORDER TO SHOW CAUSE

Appeals by Austin Collins from two judgments of the Supreme Court, Queens County, both rendered April 19, 2022. Motion by the appellant's assigned counsel, in effect, 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 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 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 Clerk of this Court on or before March 26, 2025, 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 March 26, 2025; 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 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

Clerk of the Court