Appellate Division: Second Judicial Department

M279573

AFA/

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2020-07146 People of State of New York, respondent, v Shaun Johnson, appellant.

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated September 27, 2019. Motion by the appellant, inter alia, to deem the notice of appeal timely filed, 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 the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appellant is directed either (1) to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal was untimely (see CPLR 5513), by uploading an affirmation or an affidavit on that issue through the digital portal on this Court's website, on or before November 15, 2021, or (2), if so advised, to make a motion pursuant to People v Syville (15 NY3d 391) for an extension of time to take the appeal, on or before November 15, 2021; 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 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 who last appeared for the appellant, and upon the District Attorney, by ordinary mail.

RIVERA, J.P., MILLER, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court