People v Arias-Fernandez, Warle S.
2026 NY Slip Op 71497(U)
June 7, 2026
Appellate Division, Second Department
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.
The People, etc., respondent,
v
Warle S. Arias-Fernandez, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 7, 2026
2026-03026, 70196/2024, 222/2024
Hector D. Lasalle, P.J.
Mark C. Dillon
Colleen D. Duffy
Betsy Barros
Francesca E. Connolly, JJ.
[*1]ORDER TO SHOW CAUSE
Appeal from a judgment of the County Court, Rockland County, rendered January 22, 2026. Motion by the appellant pro se for waiver of costs, fees, and expenses 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 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 July 31, 2026, 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:
James D. Licata
Office of the Public Defender
11 New Hempstead Road
New City, NY 10956-3664
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 his 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).
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court