Appellate Division: Second Judicial Department

M217374

E/afa

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-06861 The People, etc., respondent, v Francis Bongarzone, appellant. (Ind. No. 302/14)

ORDER TO SHOW CAUSE

Motion by Geraldine Bongarzone on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 12, 2016, for poor person relief and the assignment of counsel with respect to Francis Bongarzone.

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

ORDERED that the motion is dismissed as Geraldine Bongarzone lacks the authority to make the motion (see Whitehead v Town House Equities, 8 AD3d 369); and it is further,

ORDERED that on the Court's own motion, Francis Bongarzone is directed either (1) to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Geraldine Bongarzone was not authorized to file a notice of appeal on behalf of Francis Bongarzone (see Whitehead v Town House Equities, 8 AD3d 369), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before October 31, 2016, or (2), if so advised, to make a motion pursuant to CPL 460.30 for an extension of time to take the appeal, on or before October 31, 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 Francis Bongarzone's last known place of residence or, if Francis Bongarzone is imprisoned, at the institution in which he is confined, upon the attorney who last appeared for Francis Bongarzone, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

RIVERA, J.P., MILLER, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court