People of State of New York v Mckinney
Motion No: 2014-02567
Slip Opinion No: 2014 NY Slip Op 75937(U)
Decided on June 24, 2014
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

M175655

E/sl

MARK C. DILLON, J.P.

PLUMMER E. LOTT

LEONARD B. AUSTIN

BETSY BARROS, JJ.

2014-02567

People of State of New York, respondent,

v Melvyn McKinney, appellant.

ORDER TO SHOW CAUSE

Motion by the appellant to be provided with the transcript of the proceedings on an appeal from an order of the County Court, Suffolk County, dated August 7, 2013.

Upon the papers filed in support of the motion and the papers filed in relation 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 made and entered dismissing the appeal on the ground that the appellant did not oppose his adjudication pursuant to Corrections Law § 168-n, and, therefore, he is not aggrieved by the order dated August 7, 2013 (see CPLR 5511), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 23, 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.

DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court