Appellate Division: Second Judicial Department

M127504

E/ct

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

JEFFREY A. COHEN, JJ.

2011-05560 The People, etc., respondent, v Maria Tomlinson, appellant. (Ind. No. 7233/09)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 25, 2011, 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 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 appeal was untimely taken (see CPL 460.10[1][a], 460.30), by filing an affidavit on that issue with the Clerk of this Court on or before November 28, 2011; and it is further,

ORDERED that the appellant's 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 her last known place of residence, or, if she is imprisoned, at the institution in which she is confined, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., BALKIN, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court