Appellate Division: Second Judicial Department

M252555

E/htr

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-04378 The People, etc., respondent, v Daniel Fequieri, appellant. (Ind. No. 2477/05)

ORDER TO SHOW CAUSE

Motion by the appellant for leave to prosecute an appeal from a judgment of the County Court, Kings County, rendered January 5, 2006, as a poor person.

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 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 August 15, 2018; and it is further,

ORDERED that the appellant's motion 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 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, and upon the attorney, if any, who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

SCHEINKMAN, P.J., COHEN, BARROS and BRATHWITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court