Appellate Division: Second Judicial Department

M36041

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-00674 The People, etc., respondent, v Harry Price, appellant. (Ind. No. 14759/92)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the Supreme Court, Kings County, entered January 4, 2006.

Now, on the court's own motion, it is

ORDERED that the appellant is directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated entered January 4, 2006, is not appealable by right or by permission (see CPL 450.10, 450.15), by filing an affidavit on that issue with the Clerk of this court on or before March 3, 2006; 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court