Appellate Division: Second Judicial Department

M229135

E/sl

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-02680 The People, etc., respondent, v Joseph Fisher, appellant. (Ind. No. 03-00833)

ORDER TO SHOW CAUSE

Appeal by Joseph Fisher from an order of the Supreme Court, Westchester County, dated February 1, 2017.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 460.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court and serving one copy of the same on each other on or before May 10, 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 the appellant's last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, and upon the attorney who last appeared for the appellant, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court