Appellate Division: Second Judicial Department

M250137

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-05572, 2017-05573 The People, etc., respondent, v Christopher Peloso, appellant. (Ind. No. 15-009)

ORDER TO SHOW CAUSE

Appeals from two orders of the County Court, Orange County, dated February 3, 2017, and April 18, 2017, respectively.

On the Court's own motion, it is

ORDERED that the decision, order and certificate of this Court dated May 3, 2018, in the above-entitled case is recalled and vacated; and it is further,

ORDERED that the appellant is directed to show cause before this Court why the appeals should not be dismissed on the ground that the orders dated February 3, 2017, and April 18, 2017, are neither appealable as of right nor 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 June 18, 2018; 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, and upon the District Attorney, 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