| People v Mitchell, William |
| Motion No: 2018-04348 |
| Slip Opinion No: 2018 NY Slip Op 79715(U) |
| Decided on August 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. |
Appellate Division: Second Judicial Department
M253446
T/sl
JOHN M. LEVENTHAL, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
VALERIE BRATHWAITE NELSON, JJ.
|
2018-04348
The People, etc., respondent, v William Mitchell, appellant. (Ind. No. 1943/00)
| ORDER TO SHOW CAUSE |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Suffolk County, dated March 8, 2018, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order is not appealable either as of 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 October 9, 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's attorney and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause:
Brian O'Donoghue
49 Upper Dock Road
Kings Park, New York 11754
and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,
ORDERED that the appellant's motion is 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.
LEVENTHAL, J.P., CHAMBERS, MALTESE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court