Appellate Division: Second Judicial Department

M168180

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-01781 The People, etc., respondent, v Edward Kallon, appellant. (Ind. No. 2815/08)

ORDER TO SHOW CAUSE

Motion by the appellant pro se pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the County Court, Queens County, rendered July 21, 2010, in effect, to restore the appeal to active status, for poor person relief, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is denied; and it is further,

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 made and entered dismissing the appeal on the ground that the notice of appeal was untimely (see CPL 460.30), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 18, 2014; 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 attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., RIVERA, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court