Appellate Division: Second Judicial Department

M137812

E/sl

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2012-02117 The People, etc., respondent, v James Tomassi, appellant. (Ind. No. 2544/10)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 28, 2011, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in relation or 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 June 18, 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).

ANGIOLILLO, J.P., FLORIO, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court