Appellate Division: Second Judicial Department

M273422

MB/

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-14034, 2019-14035 The People, etc., appellant, v Draon Evans, respondent. (Ind. No. 2799/2017)

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:

Appeals from an order of the Supreme Court, Queens County, dated January 17, 2019, and a decision of the same court also dated January 17, 2019. Motion by the appellant to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeal from the decision on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509), by uploading a digital copy of an affirmation or an affidavit on that issue, with proof of service thereof, on or before November 9, 2020, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant 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 parties, by ordinary mail.

LEVENTHAL, J.P., MILLER, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court