Appellate Division: Second Judicial Department

M266351

E/sl

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2017-10622 The People, etc., respondent, v Todd Matus, appellant. (Ind. No. 925/75)

ORDER TO SHOW CAUSE

Motion by the appellant pro se for leave to prosecute the above-entitled appeal 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 an order should or should not be made and entered dismissing the appeal on the ground that the appeal is from an execution of sentence of the Supreme Court, Suffolk County, on July 7, 2017, from which no appeal lies (see People v Crawford, 239 AD2d 514), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before November 6, 2019; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

MASTRO, J.P., CHAMBERS, LEVENTHAL, and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court