People v Singh, Binod
Motion No: 2017-07197
Slip Opinion No: 2018 NY Slip Op 63387(U)
Decided on February 6, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M245149

E/htr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-07197

The People, etc., plaintiff,

v Binod Singh, respondent;

New York State Division of Parole,

nonparty-appellant.

(Ind. No. 877/10)

ORDER TO SHOW CAUSE

Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Suffolk County, dated May 25, 2017.

Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the nonparty-appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated May 25, 2017, is neither appealable as of right nor by permission (see CPL 450.10, 450.20), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before March 8, 2018; and it is further,

ORDERED that the application 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 parties, by ordinary mail pursuant to CPL 470.60(2).

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court