Appellate Division: Second Judicial Department

M158002

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2013-00807 The People, etc., respondent, v Anthony Henry, appellant. (Ind. No. 8762/00)

ORDER TO SHOW CAUSE

Renewed motion by the appellant pro se on for leave to prosecute an appeal from an order of the Supreme Court, Kings County, imposed August 1, 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 ordered to show cause before this Court, why an order should or should not be entered dismissing the appeal from the order on the grounds that the order is not appealable as of right or by permission (see CPL 450.10, 450.15), or that the appellant is not aggrieved (see CPLR 5511), by filing an affidavit on that issue with the Clerk of this Court on or before July 29, 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, upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,

ORDERED that the appellant's renewed motion is held in abeyance in the interim.

RIVERA, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court