Appellate Division: Second Judicial Department

M272118

E/sl

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, JJ.

2019-00693 The People, etc., ex rel. Warren Ovalle, appellant, v Michael Franchi, etc., respondent. (Index No. 6240/2017)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated November 27, 2018. Motion by the appellant to enlarge the record to include a certain document dated December 3, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED on the Court's own motion, that the parties to the appeal are 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 has been rendered academic because the appellant has been released from incarceration, by uploading a digital copy of an affirmation or an affidavit, with proof of service thereof, through the digital portal on this Court's website, on or before August 28, 2020; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order to show cause upon the parties to the appeal via email to the email address provided to this Court, or, if no email address is available for service, by regular mail.

DILLON, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court