Appellate Division: Second Judicial Department

M257734

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

ANGELA G. IANNACCI, JJ.

2018-11177 The People, etc., respondent, v Winston Gregory Hall, also known as Sage El, appellant. (Ind. No. 6247/17)

ORDER TO SHOW CAUSE

Motion by the appellant to stay all proceedings in the above-entitled action, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated August 22, 2018.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

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 order dated August 22, 2018, is 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 December 26, 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).

AUSTIN, J.P., COHEN, DUFFY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court