Appellate Division: Second Judicial Department

M309088

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

LINDA CHRISTOPHER

JAMES P. MCCORMACK, JJ.

2025-09028 The People, etc., respondent, v Nicholas Cox, appellant. (Ind. No. 73453/2024)

ORDER TO SHOW CAUSE

Appeal from an order of the Supreme Court, Suffolk County, dated June 30, 2025. Motion by the appellant pro se to stay enforcement of the order, pending hearing and determination of the appeal, for waiver of costs, fees, and expenses, and for the assignment of counsel.

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 June 30, 2025, is neither appealable as of right nor by permission (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 December 3, 2025, by ordinary mail; former counsel or 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 December 3, 2025; and it is further,

ORDERED that the motion by the appellant is 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).

BARROS, J.P., CHAMBERS, CHRISTOPHER and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court