Appellate Division: Second Judicial Department

M219534

E/sl

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2016-09625 The People, etc., respondent, v Ariel Williams, appellant. (Ind. No. 154/16)

ORDER TO SHOW CAUSE

Motion by the appellant to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the County Court, Westchester County, dated August 29, 2016.

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

ORDERED that the motion is denied; and it is further,

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 entered dismissing the appeal purportedly taken as of right on the ground that the order dated August 29, 2016, is neither appealable by right nor by permission (see CPL 450.10, 450.20), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 18, 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 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).

ENG, P.J., CHAMBERS, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court