Appellate Division: Second Judicial Department

M128128

E/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-01403 People of State of New York, respondent, v Jose Amaya, appellant.

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell to be relieved as counsel for the appellant on an appeal from an order of the County Court, Suffolk County, dated September 19, 2011. Separate motion by Robert C. Mitchell to withdraw the motion to be relieved as counsel.

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

ORDERED that the motion to withdraw the motion to be relieved as counsel is granted, and the motion to be relieved as counsel is deemed withdrawn; and it is further,

ORDERED that on the Court's own motion, the notice of appeal from the decision dated January 26, 2011, is deemed to be a notice of appeal from an order of the same court dated September 19, 2011 (see CPLR 5512); and it is further,

ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before February 10, 2012; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this order to show cause upon the attorneys, and upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, by regular mail.

SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court