People v Aikens, Thomas I.
Motion No: 2016-10260
Slip Opinion No: 2016 NY Slip Op 88241(U)
Decided on October 13, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M219575

S/afa

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-10260

The People, etc., respondent,

v Thomas I. Aikens, appellant.

(Ind. Nos. 14-00545, 15-00079)

ORDER TO SHOW CAUSE

Appeal by Thomas I. Aikens from an order of the County Court, Orange County, dated May 4, 2016, issued pursuant to CPL 730.50(2).

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated May 4, 2016, is not appealable either by right or by permission (see CPL 450.10, 450.15; People v Mardulana,74 NY2d 840), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 16, 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 the appellant at the appellant's last known place of residence or, if the appellant is institutionalized, 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).

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court