Appellate Division: Second Judicial Department

M73723

E/sl

PETER B. SKELOS, J.P.

JOSEPH COVELLO

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2008-01545 The People, etc., respondent, v Paul Fishwick, appellant. (Ind. No. 01-12825)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a determination of the Supreme Court, Westchester County, dated February 7, 2008, as a poor person and for the assignment of counsel. By order to show cause dated June 19, 2008, the appellant was directed to show cause before this court why an order should or should not be entered dismissing the appeal on the ground that the determination was not appealable, and the motion for leave to appeal 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 motion for leave to appeal as a poor person and for the assignment of counsel and the papers filed in opposition and 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 motion for leave to appeal as a poor person and for the assignment of counsel is denied as academic.

SKELOS, J.P., COVELLO, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court