Appellate Division: Second Judicial Department

M179125

J/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

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated June 24, 2014, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant on an appeal from an order of the County Court, Suffolk County, dated February 25, 2014, to be provided with a copy of the typewritten transcripts of the stenographic minutes, without charge.

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 February 25, 2014 (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 September 29, 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