Appellate Division: Second Judicial Department

M87583

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

JOSEPH COVELLO

THOMAS A. DICKERSON, JJ.

2009-00463 The People, etc., respondent, v Indiana Weller, appellant. (Ind. No. 5837/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 19, 2008, as a poor person, and for the assignment of counsel. By order to show cause dated April 8, 2009, 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 notice of appeal was untimely (see CPL 460.10[1][a], 460.30), and the motion was held in abeyance in the interim. Separate motion by the appellant pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment.

Upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, it is

ORDERED that the motion pursuant to CPL 460.30 for an extension of time to take an appeal from the judgment is denied; and it is further,

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements; 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.

FISHER, J.P., FLORIO, COVELLO and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court