Appellate Division: Second Judicial Department

M257160

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-02806 The People, etc., respondent, v Reginald McFadden, appellant. (Ind. No. 95-00066)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 22, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Rockland County, dated December 8, 2017, 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 appellant is directed to show cause before this Court why the appeal should not be dismissed on the ground that the order is not appealable as of right and leave to appeal has not been granted (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 December 5, 2018; and it is further,

ORDERED that the 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, 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