Appellate Division: Second Judicial Department

M72194

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2008-02616 The People, etc., respondent, v Abdul Willet, appellant. (Ind. No. 2973-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 15, 2006, as a poor person, and for the assignment of counsel. By order to show cause dated May 8, 2008, the appellant was directed to show cause before this court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant failed to file a timely notice of appeal (see CPL 460.10[1][a]), 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 no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed; and it is further,

ORDERED that the appellant's motion is denied as academic.

MASTRO, J.P., DILLON, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court