Appellate Division: Second Judicial Department

M302751

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-04638 The People, etc., respondent, v Jesse Moranski, appellant. (Ind. Nos. 70784/2022, 316/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered June 5, 2023. Motion by the appellant pro se for waiver of costs, fees, and expenses and to assign counsel. By order to show cause dated October 28, 2024, the appellant was 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, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, counsel was assigned to respond to the order to show cause or to make a motion pursuant to CPL 460.30, and the appellant's motion was held in abeyance in the interim. Motion by assigned counsel to be relieved of the forgoing assignment and for the assignment of new counsel. The following named attorney was assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Kate D. Bellingham

561 S. Plank Road

Westtown, NY 10998

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion by assigned counsel to be relieved of the foregoing assignment and for the assignment of new counsel is granted, and the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

and it is further,

ORDERED that on the Court's own motion, the appellant's time to respond to the order to show cause of this Court dated October 28, 2024, by uploading an affirmation or an affidavit on the issue of why the appeal should not be dismissed on the ground that the notice of appeal from the judgment was untimely (see CPL 460.30), with proof of service thereof, through the digital portal on this Court's website or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, is extended to March 12, 2025; 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 his designee, is directed to serve a copy of this decision and order on motion 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, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court