Appellate Division: Second Judicial Department

M184099

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2014-08186 The People, etc., respondent, v Tyrell Smith, appellant. (Ind. No. 288/12)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered April 25, 2014, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 12, 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).

DILLON, J.P., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-2033

Attica Corr. Fac.

639 Exchange Street

Attica, N.Y. 14011-0149