Opinion
Motion No: 1992-04914 2012-05219 Ind. No. 12305/91 M141050
07-24-2012
The People, etc., respondent, v. Robert Kordish, appellant.
, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
ROBERT J. MILLER, JJ.
ORDER TO SHOW CAUSE
Motion by the appellant pro se for leave to prosecute appeals from a judgment of the Supreme Court, Queens County, rendered June 17, 1992, and an execution of sentence of the same court imposed May 21, 2012, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the execution of sentence (Appellate Division Docket No. 2012-05219) is dismissed as no appeal lies from an execution of sentence (see People v Crawford, 239 AD2d 514); and it is further,
ORDERED that the branches of the appellant's motion which are for poor person relief and the assignment of counsel with respect to the appeal from the execution of sentence are denied as academic; and it is further,
ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the judgment (Appellate Division Docket No. 1992-04914) on the ground that he has abandoned the appeal, by filing an affirmation or an affidavit on that issue in the office of the Clerk of this Court on or before August 23, 2012; and it is further,
ORDERED that the branches of the appellant's motion which are for poor person relief and the assignment of counsel with respect to the appeal from the judgment are held in abeyance in the interim; 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 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).
DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court