People v Halka, Thomas
Motion No: 2006-10060
Slip Opinion No: 2006 NYSlipOp 81067(U)
Decided on December 1, 2006
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M47567

F/

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

ROBERT A. SPOLZINO, JJ.

2006-10060

The People, etc., respondent,

v Thomas Halka, appellant.

(Ind. No. 04-00624)

DECISION & ORDER ON MOTION
Motion to Dismiss Appeal

Motion by the respondent to dismiss an appeal from an order of the County Court, Orange County, dated September 14, 2006, on the ground that the order is not appealable as of right.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and the appeal is dismissed on the ground that the order is not appealable as of right and the appellant has not sought leave to appeal to this court (see CPL 450.15[1]).

CRANE, J.P., GOLDSTEIN, MASTRO, and SPOLZINO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court