Appellate Division: Second Judicial Department

M203633

E/sl

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2015-12081 The People, etc., respondent, v Michael Gladden, appellant. (Ind. No. 4366/99)

ORDER TO SHOW CAUSE

Appeal by Michael Gladden from an order and judgment (one paper) of the Supreme Court, Kings County, dated November 12, 2015, which dismissed his petition for a writ of habeas corpus and denied his motion to vacate his judgment of conviction pursuant to CPL 440.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from so much of the order and judgment as denied the appellant's motion to vacate his judgment of conviction pursuant to CPL 440 on the ground that the portion of the order and judgment which denied the motion to vacate the judgment of conviction pursuant to CPL 440 is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 460.15), by filing an affirmation or an 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 January 21, 2016; 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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, and upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BALKIN, J.P., DICKERSON, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court