Appellate Division: Second Judicial Department

M225758

S/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-00756 The People, etc., respondent, v William Acevedo, appellant. (S.C.I. No. 673/99)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated January 31, 2017, is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by William Acevedo from an order of the Supreme Court, Queens County, dated October 25, 2016.

On the Court's own motion, it is

ORDERED that 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 grounds that the order dated October 25, 2016, is not appealable by right and leave to appeal has not been granted (see CPL 450.10, 450.15), by filing an affidavit on that issue with the Clerk of this Court on or before February 28, 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 by ordinary mail pursuant to CPL 470.60(2), and upon the attorney who last appeared for him, and upon the District Attorney, by regular mail.

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

ENTER:

Aprilanne Agostino

Clerk of the Court