People v Badalamenti, Vincent
Motion No: 2020-05612
Slip Opinion No: 2020 NY Slip Op 70398(U)
Decided on August 24, 2020
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M272646

E/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2020-05612

The People, etc., appellant,

v Vincent Badalamenti, respondent.

(Case No. 160800814)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated August 20, 2020, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal from an order of the County Court, Suffolk County, dated January 24, 2020.

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 order dated January 24, 2020, is neither appealable as of right nor by permission (see CPL 450.20), by uploading a digital copy of an affirmation or an affidavit on that issue through the digital portal on this Court's website, with proof of service thereof, on or before September 24, 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 parties, by ordinary mail.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court