Appellate Division: Second Judicial Department

M156896

J/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-03770 The People, etc., respondent, v Michael Bryant, appellant. (Ind. No. 7292/05)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated April 10, 2013, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by the defendant from an order of the Supreme Court, Kings County, dated February 6, 2012.

On the Court's own motion, it is

ORDERED that 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 dated February 6, 2012, is not appealable as of right and leave to appeal has not been granted (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 June 24, 2013; 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).

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court