Appellate Division: Second Judicial Department

M217512

E/sl

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-01676 The People, etc., respondent, v Ernest Suggs, appellant. (Ind. No. 14533/92)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated October 21, 2015, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed 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 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 September 30, 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, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

LEVENTHAL, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court