| People ex rel. Townsend v Miller |
| Motion No: 2024-05111 |
| Slip Opinion No: 2024 NY Slip Op 80321(U) |
| Decided on December 16, 2024 |
| 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
M301425
AFA/
ROBERT J. MILLER, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2024-05111 People, etc., ex rel. Cory Townsend, appellant, v Ronald Miller, etc., respondent. (Ind. No. 72062/2021)
| ORDER TO SHOW CAUSE |
Appeal from an oral decision of the Supreme Court, Kings County, issued on April 18, 2024. Motion by the appellant pro se for leave to prosecute the appeal as a poor person. Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition 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 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 on the ground that no appeal lies from an oral ruling (see CPLR 5701), and/or that no appeal lies from an unsigned transcript (see Ojeda v Metropolitan Playhouse, Inc., 120 AD2d 717), by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before January 15, 2025, 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 January 15, 2025; and it is further,
ORDERED that the motion and the application by appellant are held in abeyance in the interim; 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).
MILLER, J.P., CHRISTOPHER, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court