Appellate Division: Second Judicial Department

M216181

E/afa

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-03263, 2016-05929 The People, etc., respondent, v Oscar Perez, appellant. (Ind. No. 15-00289)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from an order of the County Court, Westchester County, dated March 17, 2016, and a judgment of the same court rendered March 17, 2016, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 from the order dated March 17, 2016, on the ground that the order is not appealable as of right or by permission (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before September 8, 2016; and it is further,

ORDERED that the appellant's motion is 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 pursuant to CPL 470.60(2).

DILLON, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court