Appellate Division: Second Judicial Department

M255059

E/mm

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

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated July 16, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

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 October 12, 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 BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court