Appellate Division: Second Judicial Department

M239772

E/afa

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2017-02116 The People, etc., respondent, v Nashaun Hunter, appellant. (Ind. No. 15-01140)

DECISION & ORDER ON MOTION

Appeal by Nashaun Hunter from a judgment of the Supreme Court, Westchester County, rendered November 16, 2016. By order to show cause dated August 8, 2017, the appellant was directed 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. Renewed motion by the appellant pro se for poor person relief and the assignment of counsel.

Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed:

Clif Bennette, Esq.

25 Christopher Road

Mt Kisco, NY 10549

and it is further,

ORDERED that assigned counsel shall respond to the order to show cause or, if so advised, move pursuant to CPL 460.30 to deem the notice of appeal timely filed on or before December 18, 2017; and it is further,

ORDERED that the motion to dismiss the appeal and the appellant's motion are held in abeyance in the interim; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court