Appellate Division: Second Judicial DepartmentM268107

E/mbCHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-11798 The People, etc., respondent, v Randy Summerville, appellant. (Ind. No. 779N/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 by Randy Summerville from an order of the Supreme Court, Nassau County, dated September 11, 2018.

On the Court's own motion, it is

ORDERED that the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the portion of the order dated September 11, 2019, which denied relief pursuant to CPL 440, is not appealable as of right and leave to appeal has not been granted, and the portion of the order which denied renewal of the appellant's prior motion pursuant to CPL 330 is neither appealable as of right nor by permission (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 January 10, 2020; 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).

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court