Appellate Division: Second Judicial Department

M66280

E/sl

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2007-06045, 2007-06046, 2007-06047, 2007-06049 The People, etc., respondent, v Eddy Lopez, appellant. (Ind. Nos. 04-163, 04-272, 04-273, 04-274)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from four judgments of the County Court, Rockland County, all rendered November 10, 2004, as a poor person, and for the assignment of counsel. By order to show cause dated December 24, 2007, the appellant was directed to show cause before this court why an order should not be made and entered dismissing the appeals on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the appellant had not sought leave to file a late notice of appeal, and the motion for leave to proceed as a poor person and for the assignment of counsel was held in abeyance in the interim.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeals on the ground that the notice of appeal was untimely (see CPL 460.10[1][a], 460.30) is granted and the appeals are dismissed; and it is further,

ORDERED that the motion for leave to proceed as a poor person and for the assignment of counsel is denied as academic.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court