Appellate Division: Second Judicial Department

M239122

J/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-03302, 2017-10351 The People, etc., respondent, v Joseph Borelli, appellant. (Ind. No. 1750/15)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute appeals from a judgment of the Supreme Court, Nassau County, rendered May 20, 2016, and an order of the same court dated February 23, 2017, as a poor person, and for the assignment of counsel. By order to show cause dated July 6, 2017, inter alia, the appellant was directed to show cause before this Court why the appeal from the judgment rendered May 20, 2016, should not be dismissed on the ground that the notice of appeal was untimely, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause why the appeal from the order dated February 23, 2017, should not be dismissed on the ground that the order dated February 23, 2017, is not appealable either by right or by permission (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 14, 2017; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to this order to show cause:

Patrick Megaro, Esq.

626 RXR Plaza

6th Floor, West Tower

Uniondale, NY 11556

and it is further,

ORDERED that the appellant's motion and this Court's motion to dismiss the appeal from the judgment rendered May 20, 2016, on the ground that the notice of appeal was untimely are held in abeyance pending determination of this Court's motion to dismiss the appeal from the order dated February 23, 2017; 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 appeals are 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).

DILLON, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

16-R-1891

Wallkill Correctional Fac.

50 McKendrick Rd., P.O. Box G

Wallkill, NY 12589