Appellate Division: Second Judicial Department

M181511

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-02876 People of State of New York, respondent, v Joseph Costanzo, appellant.

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell, in effect, to be relieved as counsel for the appellant on an appeal from an order of the County Court, Suffolk County, dated February 26, 2014, on the ground that no appeal lies from an order entered upon the consent of an appealing party.

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 parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the consent of the appealing party (see CPLR 5511), by each filing an affirmation or affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before November 12, 2014; and it is further,

ORDERED that assigned counsel'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 parties to the appeal by regular mail.

RIVERA, J.P., CHAMBERS, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court