| People v Cherry, Terry |
| Motion No: 2020-00564 |
| Slip Opinion No: 2023 NY Slip Op 67269(U) |
| Decided on May 19, 2023 |
| 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
M289098
AFA/
MARK C. DILLON, J.P.
ANGELA G. IANNACCI
JOSEPH J. MALTESE
JANICE A. TAYLOR, JJ.
|
2020-00564, 2020-00565 The People, etc., respondent, v Terry Cherry, appellant. (Ind. No. 129/2018, Index No. 2536/2018)
| ORDER TO SHOW CAUSE |
Appeals from a judgment of the County Court, Dutchess County, rendered December 21, 2019, and an order of the same court dated April 17, 2019. Motion by the appellant, inter alia, to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the appellant's time to perfect the appeals is extended, and appellant's counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions, and the motion is otherwise denied;
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 from the order dated April 17, 2019, on the ground that the order is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before June 20, 2023, by ordinary mail; 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 June 20, 2023; 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 attorney, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).
DILLON, J.P., IANNACCI, MALTESE and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court