Appellate Division: Second Judicial Department

M198474

E/mv

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-01736 The People, etc., respondent, v Messiah D. Booker, appellant. (Ind. No. 728-14)

ORDER TO SHOW CAUSE

Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Suffolk County, rendered January 9, 2015, 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 November 16, 2015; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal from the judgment; 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).

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

15-A-0241

Great Meadow Corr. Fac.

Box 51

Comstock, N.Y. 12821