Appellate Division: Second Judicial Department

M215595

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2016-04740 People of State of New York, respondent, v Daquan Gardner, appellant.

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Queens County, rendered January 15, 2016, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal was untimely (see CPLR 5513) by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before August 29, 2016, or (2), if so advised to make a motion pursuant to People v Syville (15 NY3d 391) for an extension of time to take the appeal, on or before August 29, 2016; 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; 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, upon the attorney named above, and upon the District Attorney, by ordinary mail.

BALKIN, J.P., AUSTIN, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court