Appellate Division: Second Judicial Department

M137481

E/sl

ANITA R. FLORIO, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2008-09925 The People, etc., respondent, v Rafael Quinones, appellant. (Ind. No. 5406/07)

ORDER TO SHOW CAUSE

Motion by the appellant pro se, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered February 29, 2008, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), 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 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 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 June 11, 2012; 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 her 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).

FLORIO, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court