Appellate Division: Second Judicial Department

M233671

J/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2016-12538 The People, etc., respondent, v Zarella Reiter, appellant. (Ind. No. 2291/09)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated June 20, 2017, is recalled and vacated; and it is further,

ORDERED that the order to show cause of this Court dated May 8, 2017, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by Zarella Reiter from an order of the Supreme Court, Nassau County, dated October 20, 2016.

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 October 20, 2016, is not appealable as of right (see CPL 450.10; 450.15), and leave to appeal has not been granted, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before July 27, 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 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).

CHAMBERS, J.P., COHEN, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court