Appellate Division: Second Judicial Department

M84948

E/nl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

FRED T. SANTUCCI

JOHN M. LEVENTHAL, JJ.

2009-00463 The People, etc., respondent, v Indiana Weller, appellant. (Ind. No. 5837/07)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 19, 2008, 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 is directed to 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), by filing an affidavit on that issue with the Clerk of this court on or before May 8, 2009; and it is further,

ORDERED that the motion 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).

MASTRO, J.P., DILLON, SANTUCCI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court