Appellate Division: Second Judicial Department

M212182

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2016-01635 The People, etc., respondent, v Gregory A. Goodwine, Sr., appellant. (Ind. No. 04-01579)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Westchester County, dated January 21, 2016, as a poor person, and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from an order which, in effect, denies reargument.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 order dated January 21, 2016, is not appealable as of right (see CPL 450.10), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 25, 2016; and it is further,

ORDERED that the appellant's motion and the respondent's motion are held in abeyance pending determination of this Court's motion to dismiss the appeal; 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, upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

CHAMBERS, J.P., HALL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court