Appellate Division: Second Judicial Department

M56665

S/mv

HOWARD MILLER, J.P.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-06303 The People, etc., respondent, v Dimitri Davis, appellant. (Ind. No. 2777-97)

ORDER TO SHOW CAUSE

Appeal by Dimitri Davis from a judgment of the County Court, Nassau County, rendered May 5, 1998.

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

ORDERED that appellant show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the notice of appeal is untimely (see CPL 460.10[1][a], 460.30), and the appellant previously filed a motion pursuant to CPL 460.30 for an extension of time to take the appeal, which was denied by decision and order on motion dated September 30, 1998, by filing an affidavit on that issue with the Clerk of this court on or before July 27, 2007; 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MILLER, J.P., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court