Appellate Division: Second Judicial Department

M168533

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX, JJ.

2013-11014 The People, etc., respondent, v Erwin Jackson, appellant. (Ind. No. 2826/05)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Nassau County, dated October 31, 2013, as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, 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 dated October 31, 2013, is not appealable either by right or by permission (see CPL 450.10; 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before February 26, 2014; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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).

BALKIN, J.P., CHAMBERS, LOTT and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court