People v Khudan, Ramesh
Motion No: 2006-08593
Slip Opinion No: 2014 NY Slip Op 93358(U)
Decided on December 18, 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

M184098

S/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2006-08593

The People, etc., respondent,

v Ramesh Khudan, appellant.

(Ind. No. 1256/05)

ORDER TO SHOW CAUSE

Renewed motion by the appellant to restore to active status an appeal from a judgment of the Supreme Court, Kings County, rendered June 19, 2006, as amended July 31, 2006, which was deemed abandoned pursuant to 22 NYCRR 670.8(f), for leave to prosecute the appeal as a poor person, and for the assignment of counsel.

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 notice of appeal from the judgment 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 January 20, 2015; and it is further,

ORDERED that the appellant's motion is granted to the extent that the following named attorney is assigned as counsel to respond to the order to show cause, and the motion is otherwise held in abeyance pending determination of this Court's motion to dismiss the appeal from the judgment:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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, upon the attorney who last appeared for him, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., HINDS-RADIX, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

06-A-3691

Wyoming Corr. Fac.

3203 Dunbar Rd., P.O. Box 50

Attica, N.Y. 14011-0501