Appellate Division: Second Judicial Department

M259372

J/afa

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2018-12397 The People, etc., respondent, v Wasif Hamid, appellant. (Ind. Nos. 661N/15, 1103N/15, 1094N/16, S.C.I. 398N/16)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated November 27, 2018, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal by Wasif Hamid from an order of the Supreme Court, Nassau County, dated September 14, 2018.

On the Court's own motion, 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 February 8, 2019; 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., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court