Appellate Division: Second Judicial Department

M289586

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

BARRY E. WARHIT, JJ.

2022-09847 The People, etc., respondent, v Keston Mayers, appellant. (Ind. No. 577/2016)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Nassau County, dated August 25, 2022, issued pursuant to CPL 440.46-a. Motion by the appellant 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 relation thereto, it is

ORDERED that on the Court's own motion, the parties are directed to show cause before this Court why the appeal should not be dismissed on the ground that the order dated August 25, 2022, is neither appealable as of right nor by permission (see CPL 450.10, 450.15), 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 17, 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:

N. Scott Banks

40 Main Street, 3rd Fl.

Hempstead, NY 11550

516-560-6400

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 named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

CONNOLLY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court