People v Passantino, Robert J.
Motion No: 2020-05730
Slip Opinion No: 2021 NY Slip Op 60797(U)
Decided on January 25, 2021
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

M275185

AFA/

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-05730

The People, etc., respondent,

v Robert J. Passantino, appellant.

(Ind. No. 793/2019)

ORDER TO SHOW CAUSE

Appeal from a judgment of the County Court, Westchester County, rendered March 9, 2020. Motion by the appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.

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 the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), by uploading an affirmation or an affidavit on that issue, with proof of service thereof, through the digital portal on this Court's website, on or before February 25, 2021, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Adam Seiden

9 West Prospect Ave., Ste. 403

Mt. Vernon, NY 10550

and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order to show cause upon the clerk of the court from which the appeal is taken; 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, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court