Appellate Division: Second Judicial Department

M161135

E/nl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2013-04606 The People, etc., respondent, v Victor Pulecio, appellant. (Ind. No. 89-00224)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Rockland County, dated April 2, 2013, 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 entered dismissing the appeal from the order on the ground that the order is not appealable as of right or by permission (see CPL 450.10, 450.15), by filing an affidavit on that issue with the Clerk of this Court on or before September 23, 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 motion is held in abeyance in the interim.

RIVERA, J.P., LEVENTHAL, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court