Appellate Division: Second Judicial Department

M164873

E/sl

PETER B. SKELOS, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2013-07446 The People, etc., respondent, v Keith Dalrymple, appellant. (Ind. No. 13167/01; Docket Nos. 2001KN051416, 91K044754, 6K043441)

ORDER TO SHOW CAUSE

Motion by the appellant pro se to seal the record on an appeal from an order of the Supreme Court, Kings County, dated March 20, 2013, and, in effect, for summary reversal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 December 6, 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.

SKELOS, J.P., COHEN, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court