Appellate Division: Second Judicial Department

M65303

J/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-10783 The People, etc., respondent, v Eugene Elmore, appellant. (Ind. No. 2386/05)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 6, 2006, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the court's own motion, the appellant show cause before this court why an order should or should not be made and entered dismissing the appeals on the ground that the appellant failed to file a timely notice of appeal (see CPL 460.10[1][a]), by filing an affidavit on that issue with the Clerk of this court on or before February 29, 2008, and the motion for leave to proceed as a poor person and for the assignment of 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court