Appellate Division: Second Judicial Department

M192273

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

JOSEPH J. MALTESE, JJ.

2015-01551 People of State of New York, respondent, v Mariano Rivera, appellant.

ORDER TO SHOW CAUSE

Motion by Robert C. Mitchell, counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated February 3, 2015, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of an appealing party. Separate motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motions, the papers filed in relation to the motion by Robert C. Mitchell and the papers filed in opposition to the motion by the appellant pro se, 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 no appeal lies from an order entered upon the consent of an appealing party (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 June 18, 2015; and it is further,

ORDERED that the motion by assigned counsel and the motion by the appellant pro se are 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., LEVENTHAL, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court