Opinion
Motion No 2024-02215
04-12-2024
The People, etc., respondent, v. Malique Shelton, appellant.
Unpublished Opinion
MOTION DECISION
M295685
HECTOR D. LASALLE, P.J., MARK C. DILLON, COLLEEN D. DUFFY, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
ORDER TO SHOW CAUSE
On the Court's own motion, it is
ORDERED that the order to show cause of this Court dated April 1, 2024, in the above-entitled case is recalled and vacated, and the following order to show cause is substituted therefor:
Appeal from an order of the Supreme Court, Nassau County, dated September 26, 2023.
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 September 26, 2023, 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 May 13, 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 May 13, 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.