Opinion
Motion No. 2019-07273 Ind. No. 6983/2018
12-09-2022
The People, etc., respondent, v. Horacio I. Juarez-Espinosa, appellant.
Unpublished Opinion
MOTION DECISION
M286386
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated December 7, 2022, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from a judgment of the Supreme Court, Kings County, rendered April 3, 2019. Motion by the appellant's assigned counsel, in effect, 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 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 appeal on the ground that the appellant has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 9, 2023, 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 9, 2023; 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.