Appellate Division: Second Judicial Department

M298794

KS/HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2024-01587 The People, etc., respondent, v Richard Luthmann, appellant. (Ind. No. 379/2018)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Kings County, dated January 17, 2024.

On the Court's own motion, it is

ORDERED that the appellant is 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 dated January 17, 2024, 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 September 27, 2024, by ordinary mail; the parties 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 September 27, 2024; 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 his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the attorney who last appeared for him, 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