Appellate Division: Second Judicial Department

M288214

AFA/

COLLEEN D. DUFFY, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-07828 The People, etc., respondent, v Dominique Marion, appellant. (Ind. No. 469/2015)

ORDER TO SHOW CAUSE

On the Court's own motion, it is

ORDERED that the order to show cause of this Court dated January 20, 2023, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:

Appeal from a purported judgment of the County Court, Orange County, rendered June 26, 2018. Motion by the appellant pro se to prosecute the appeal as a poor person and for the assignment of counsel.

On the Court's own motion, it is

ORDERED that the parties are directed to show cause why the appeal should or should not be dismissed on the ground that no judgment of the County Court, Orange County, was rendered in the above-entitled matter on June 26, 2018, and on the ground that the notice of appeal was untimely (see CPL 460.30), by uploading a digital copy of an affirmation or affidavit on those issues, with proof of service thereof, through the digital portal on this Court's website on or before May 1, 2023; if a self-represented party is unable to use the digital portal, they may instead file a copy of an affirmation or affidavit, with proof of service thereof, via email at [email protected] or via regular mail addressed to the Clerk of this Court on or before May 1, 2023; 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:

Gary E. Eisenberg

10 Esquire Road, Ste. 10

New City, NY 10956

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 her last known place of residence or, if she is imprisoned, at the institution in which she is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

DUFFY, J.P., MALTESE, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court