| People v Connors, John E. |
| Motion No: 2017-00608 |
| Slip Opinion No: 2017 NY Slip Op 82624(U) |
| Decided on August 11, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M236060
E/afa
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2017-00608 The People, etc., respondent, v John E. Connors, appellant. (Ind. No. 63/12)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated August 10, 2017, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Putnam County, rendered December 1, 2016, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30) by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before October 10, 2017, or (2), if so advised, to make a motion pursuant to CPL 460.30 for an extension of time to take the appeal, on or before October 10, 2017; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:
Steven A. Feldman, Esq.
626 RXR Plaza
West Tower, 6th Floor
Uniondale, NY11556
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, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court