Appellate Division: Second Judicial Department

M262452

E/mm

RUTH C. BALKIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2019-04471 The People, etc., respondent, v Dejiore Fox, appellant. (Ind. No. 17-00587)

ORDER TO SHOW CAUSE

Appeal by Dejiore Fox from an order of the County Court, Orange County, dated March 18, 2019.

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 Tonya Fox, who is not an attorney licensed to practice law in New York, was without authority to take an appeal on behalf of Dejiore Fox (see CPL 321; Vitiello v Merwin, 130 AD3d 609) and/or 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 June 3, 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, upon Tonya Fox, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

BALKIN, J.P., HINDS-RADIX, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court