| People v Severino, Pedro |
| Motion No: 1998-07685 |
| Slip Opinion No: 2013 NY Slip Op 90522(U) |
| Decided on November 6, 2013 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M164877
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
1998-07685
The People, etc., respondent, v Pedro Severino, appellant. (Ind. No. 12887/96)
| ORDER TO SHOW CAUSE |
Motion by the appellant, in effect, to restore to active status an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 1998, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), and to enlarge the time to perfect the appeal.
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 on the ground that he has abandoned the appeal (see 22 NYCRR 670.8[f]), 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.
DILLON, J.P., DICKERSON, HALL and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court