| People v Caceres, Nelson |
| Motion No: 2020-00621 |
| Slip Opinion No: 2021 NY Slip Op 72059(U) |
| Decided on September 22, 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. |
Appellate Division: Second Judicial Department
M279222
AFA/
LEONARD B. AUSTIN, J.P.
SYLVIA O. HINDS-RADIX
BETSY BARROS
LARA J. GENOVESI, JJ.
|
2020-00621 The People, etc., respondent, v Nelson Caceres, appellant. (Ind. No. 1328/1988)
| ORDER TO SHOW CAUSE |
Appeal from a purported judgment of the Supreme Court, Westchester County, rendered December 3, 2019. Motion by the respondent to dismiss the appeal as untimely taken. Separate motion by the respondent to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal as untimely taken is denied; and it is further,
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 on the ground that no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 514), by uploading, through the digital portal on this Court's website, digital copies of an affirmation or an affidavit on that issue and a copy of the transcript of the proceedings which occurred on December 3, 2019, with proof of service thereof, on or before October 22, 2021; the respondent may respond to this order to show cause, if so advised, by uploading a digital copy of an affirmation or an affidavit through the digital portal on this Court's website, with proof of service thereof, on or before October 22, 2021; and it is further,
ORDERED that the motion to extend the time to serve and file a brief 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 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).
AUSTIN, J.P., HINDS-RADIX, BARROS and GENOVESI, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court