| People v Aikens, Thomas I. |
| Motion No: 2016-10260 |
| Slip Opinion No: 2016 NY Slip Op 91137(U) |
| Decided on November 10, 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. |
Appellate Division: Second Judicial Department
M221231
S/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN
JOHN M. LEVENTHAL, JJ.
|
2016-10260 The People, etc., respondent, v Thomas I. Aikens, appellant. (Ind. Nos. 14-00545, 15-00079)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated October 13, 2016, is recalled and vacated and the following order to show cause is substituted therefor:
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 December 9, 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., RIVERA, DILLON, BALKIN and LEVENTHAL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court