People v Smith, Matthew
Motion No: 2013-09649
Slip Opinion No: 2013 NY Slip Op 92707(U)
Decided on November 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M165953

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-09649

The People, etc., respondent,

v Matthew Smith, appellant.

(Ind. No. 11-00164)

ORDER TO SHOW CAUSE

Appeal by the defendant from an order of the County Court, Orange County, dated August 27, 2013.

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 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 27, 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 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