Appellate Division: Second Judicial Department

M73808

E/sl

ROBERT A. SPOLZINO, J.P.

STEVEN W. FISHER

MARK C. DILLON

THOMAS A. DICKERSON, JJ.

2007-07512 The People, etc., respondent, v Eric G. Valle, appellant. (Ind. No. 16/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the County Court, Nassau County, rendered April 20, 2001, as a poor person, and for the assignment of counsel. By order to show cause dated February 29, 2008, the appellant was directed to show cause before this court why an order should not be made and entered dismissing the appeal on the ground that the notice of appeal was untimely and filed over one year and 30 days after the judgment was rendered (see CPL 460.10[1][a], 460.30), 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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.10[1][a], 460.30); and it is further,

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

SPOLZINO, J.P., FISHER, DILLON and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court