Appellate Division: Second Judicial Department

M68471

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY

JOHN M. LEVENTHAL, JJ.

2007-11726 The People, etc., respondent, v Mark Birthwright, appellant. (Ind. No. 06-02634)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 28, 2007, as a poor person and for the assignment of counsel.

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

ORDERED that the 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 was untimely filed, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before May 7, 2008; and it is further,

ORDERED that the motion for leave to 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).

SKELOS, J.P., ANGIOLILLO, McCARTHY and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court