Appellate Division: Second Judicial Department

M72858

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-00299 The People, etc., respondent, v John Bunn, appellant. (Ind. No. 1020/07)

ORDER TO SHOW CAUSE

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered June 4, 2007, 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 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 and the appellant has not moved for leave to extend his time to file a notice of appeal (see CPL 460.30), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this court on or before August 22, 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).

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court