Appellate Division: Second Judicial Department

M229637

J/afa

WILLIAM F. MASTRO, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2016-09750 The People, etc., respondent, v George J. Scivolette III, appellant. (Ind. No. 127/15)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from an order of the County Court, Dutchess County, dated August 25, 2016, as a poor person and for the assignment of counsel.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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 appeal from the order dated August 25, 2016, on the ground that the order is neither appealable as of right nor by permission (see CPL 450.10; 450.15), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before May 15, 2017; and it is further,

ORDERED that the appellant's motion is held in abeyance in the interim; 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).

MASTRO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court