Opinion
2017-08372 Ind. 3364/2017
11-29-2021
The People, etc., respondent, v. Ezekiel Thompson, appellant.
M280278 AFA/
CHERYL E. CHAMBERS, J.P. BETSY BARROS JOSEPH A. ZAYAS LARA J. GENOVESI, JJ.
ORDER TO SHOW CAUSE
Appeal from a judgment of the Supreme Court, Kings County, rendered June 22, 2017. Motion by the appellant's assigned counsel to be relieved on the ground that the appellant has absconded and is no longer available to comply with the mandate of the Court, and has failed to respond to communications from 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 absconded and is no longer available to comply with the mandate of the Court (see People v Taveras, 10 N.Y.3d 227; People v Sullivan, 28 N.Y.2d 900), and has failed to respond to communications from assigned counsel, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before December 20, 2021, 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 December 20, 2021; 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).
CHAMBERS, J.P., BARROS, ZAYAS and GENOVESI, JJ., concur.