People v McKithen, Lonnie
Motion No: 2018-10792
Slip Opinion No: 2019 NY Slip Op 63891(U)
Decided on February 22, 2019
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M260314

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2018-10792

The People, etc., respondent,

v Lonnie McKithen, appellant.

(Ind. No. 1157/16)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered March 19, 2018, to be provided with transcripts of the proceedings to aid in the responding to an order to show cause of this Court dated November 28, 2018, which directed the appellant 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, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed.

Upon the papers filed in support of the motion and the papers filed 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's time to respond to the order to show cause, dated November 28, 2018, or, if so advised, to make a motion pursuant to CPL 460.30, is extended until March 25, 2019.

MASTRO, J.P., AUSTIN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court