Appellate Division: Second Judicial Department

M155458

S/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2009-11361 People of State of New York, respondent, v Alex Rukasou, appellant.

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a purported order of the Supreme Court, Richmond County, dated November 12, 2009, 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 opposition 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 paper appealed from is not an appealable order issued in accordance with Correction Law § 168-n(3), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before May 31, 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).

BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court