Opinion
Motion No. 2023-05411 2023-06120 2023-06294 Ind. Nos. 70002/1982 54733/1982 70003/1982 54697/1982 70004/1982 54775/1982
12-01-2023
The People, etc., respondent, v. James Martin, appellant.
Unpublished Opinion
MOTION DECISION
ANGELA G. IANNACCI, J.P., ROBERT J. MILLER, LILLIAN WAN, CARL J. LANDICINO, JJ.
ORDER TO SHOW CAUSE
Appeals from three judgments of the Supreme Court, Nassau County, all rendered December 7, 1982. Motion by the appellant pro se for leave to prosecute the appeals 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 appellant is directed to show cause before this Court why an order should not be made and entered dismissing the appeals on the ground that the notices of appeal were untimely filed (see CPL 460.30), and that appeals from these judgments were previously determined by this Court (see People v Martin, 104 A.D.2d 1063), by filing an affirmation or an affidavit on that issue in the office of the Acting Clerk of this Court on or before January 2, 2024, by ordinary mail; 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 January 2, 2024; 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 Acting 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 District Attorney, by ordinary mail pursuant to CPL 470.60(2).
IANNACCI, J.P., MILLER, WAN and LANDICINO, JJ., concur.