| People v Gunther, Matthew |
| Motion No: 2017-02702 |
| Slip Opinion No: 2017 NY Slip Op 82935(U) |
| Decided on August 15, 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
M235871
E/afa
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2017-02702 The People, etc., respondent, v Matthew Gunther, appellant. (Ind. No. 15-01384)
| ORDER TO SHOW CAUSE |
Renewed motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered January 31, 2017, 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 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 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:
John Brian Macreery, Esq.
135 Bedford Road
Katonah, NY 10536
and it is further,
ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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