| People v Payne, James |
| Motion No: 2019-12100 |
| Slip Opinion No: 2019 NY Slip Op 85663(U) |
| Decided on December 9, 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. |
Appellate Division: Second Judicial DepartmentM268106
E/mbCHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2019-12100 The People, etc., respondent, v James Payne, appellant. (S.C.I. No. 290N/12)
| ORDER TO SHOW CAUSE |
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated December 5, 2019, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from a judgment of the County Court, Nassau County, rendered March 14, 2012.
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 notice of appeal from the judgment was untimely (see CPL 460.30), by filing an affirmation or an affidavit on or before January 10, 2020, on that issue in the office of the Clerk of this Court; 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, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court