Appellate Division: Second Judicial Department

M110604

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

STEVEN W. FISHER

RUTH C. BALKIN, JJ.

2009-04812 The People, etc., respondent, v Raymondy Brun, appellant. (Ind. No. 1780/06)

ORDER TO SHOW CAUSE

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the County Court, Nassau County, rendered April 14, 2009.

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

ORDERED that on the court's own motion, the appellant is ordered to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that it has been rendered academic by a determination of the Court of Appeals dated October 26, 2010 (see People v Brun, ___ NY3d ___, 2010 Slip Op 7580), by filing an affidavit on that issue with the Clerk of this Court on or before December 3, 2010; 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the appellant's motion to enlarge the time to perfect the appeal is held in abeyance in the interim.

MASTRO, J.P., RIVERA, FISHER and BALKIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court