Appellate Division: Second Judicial Department

M299875

KS/BETSY BARROS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

CARL J. LANDICINO, JJ.

2024-00608 The People, etc., respondent, v Tyrone Haywood, appellant. (Ind. Nos. 70005/2008, 54/2008)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Westchester County, dated December 12, 2023. By order to show cause dated August 28, 2024, appellant was 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 December 12, 2023, is not appealable as of right and leave to appeal has not been granted (see CPL 450.10, 450.15). Application by the appellant, in effect, pursuant to CPL 460.30 for an extension of time to make a make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application is granted, and the time for the appellant to make an application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated September 26, 2023, is extended until November 8, 2024; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is held in abeyance in the interim.

BARROS, J.P., WOOTEN, DOWLING and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court