People v Socci, Stephen
Motion No: 2008-06941
Slip Opinion No: 2016 NY Slip Op 94834(U)
Decided on December 20, 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

M223233

E/sl

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

BETSY BARROS, JJ.

2008-06941, 2008-06942, 2016-11420

The People, etc., respondent,

v Stephen Socci, appellant.

(Ind. Nos. 2657/06, 1715/07)

ORDER TO SHOW CAUSE

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the County Court, Nassau County, both rendered March 26, 2008, and a resentence of the same court imposed December 20, 2010.

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

ORDERED that the branch of the motion which is for an extension of time to take appeals from the judgments rendered March 26, 2008, is denied as unnecessary as the time to take appeals from the judgments was extended and the appellant's moving papers were deemed to constitute a timely notice of appeal by decision and order on motion of this Court dated September 12, 2008; and it is further,

ORDERED that the branch of the motion which is for an extension of time to take an appeal from the resentence 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 made and entered dismissing the appeals from the judgments on the ground that the appellant has abandoned the appeals, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 19, 2017; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

CHAMBERS, J.P., ROMAN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court