Appellate Division: Second Judicial Department

M156083

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2012-10197 People of State of New York, respondent, v Oscar M. Cruz, appellant.

ORDER TO SHOW CAUSE

Motion by the appellant's assigned counsel, in effect to be relieved on an appeal from an order of the County Court, Suffolk County, dated October, 15, 2010, on the ground that no appeal lies from an order entered upon the consent of an appealing party.

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 no appeal lies from an order entered upon the consent of an appealing party (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 10, 2013; and it is further,

ORDERED that assigned counsel'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