Appellate Division: Second Judicial Department

M150411

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2012-10242 The People, etc., respondent, v Kevin Phillip, appellant. (Ind. No. 1912/10)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated October 24, 2012, 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 order is neither appealable as of right or by permission (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before April 22, 2013; 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SKELOS, J.P., ANGIOLILLO, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court