| People v Semenov, Yaroslav |
| Motion No: 2007-07886 |
| Slip Opinion No: 2008 NYSlipOp 64279(U) |
| Decided on February 21, 2008 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M66150
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
ANITA R. FLORIO
MARK C. DILLON, JJ.
|
2007-07886 The People, etc., respondent, v Yaroslav Semenov, appellant. (Ind. No. 8156/05)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered June 2, 2006, for leave to renew his prior motion for leave to prosecute the appeal 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, so much of the decision and order on motion dated November 29, 2007, as deemed the appellant's notice of appeal to be an application pursuant to CPL 460.30 for leave to extend his time to take an appeal from the judgment, granted the application, and deemed the notice of appeal to be timely filed is recalled and vacated; and it is further,
ORDERED that on the court's own motion, 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 notice of appeal was untimely and filed over one year and 30 days after the judgment was rendered (see CPL 460.30[1]) by filing an affidavit or affirmation on that issue with the Clerk of this court on or before March 28, 2008; and it is further,
ORDERED that the motion by the appellant pro se for leave to renew his prior motion for leave to prosecute the appeal 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
RIVERA, J.P., SPOLZINO, FLORIO and DILLON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court