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Appellate Division, Second Department:January 6, 2021

Appellate Division, Second Department:January 6, 2021

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Motion List released on: January 6, 2021

By Rivera, J.P., Duffy, Iannacci, Wooten, JJ. THE PEOPLE, ETC., res, v. CARLOS E. LENNON, app — Appeal from a judgment of the County Court, Suffolk County, rendered May 26, 2011. Motion by the appellant pro se for poor person relief and 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 the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), by filing an affirmation or an affidavit on or before February 5, 2021, on that issue in the office of the Clerk of this Court, 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 February 5, 2021; and it is further, ORDERED that the appellant’s motion is held in abeyance pending determination of this Court’s motion to dismiss the appeal; 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 the appellant’s last known place of residence or, if the appellant is imprisoned, at the institution in which the appellant is confined, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2). RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

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