Appellate Division: Second Judicial Department

M285090

MB/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

BARRY E. WARHIT, JJ.

2022-05730 The People, etc., respondent, v Tarence Kirkland, appellant. (Ind. No. 868/2015)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, entered June 1, 2022. Motion by Rosenbaum & Taylor, P.C., for leave to withdraw as counsel for the appellant. Separate motion by the appellant pro se 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 by Rosenbaum & Taylor, P.C., and the papers filed in response thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why an order should not be made and entered dismissing the appeal on the ground that the order entered June 1, 2022, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15); counsel for the appellant or the respondent may respond to this order to show cause, if so advised, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before October 24, 2022, through the digital portal on this Court's website, with proof of service thereof; and it is further,

ORDERED that the motions are 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 his counsel and the District Attorney, by ordinary mail.

BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court