People v Rodriguez, Rafael
Motion No: 2008-07245
Slip Opinion No: 2009 NY Slip Op 83535(U)
Decided on September 21, 2009
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M92149

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-07245

The People, etc., respondent,

v Rafael Rodriguez, appellant.

(Ind. No. 43/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated July 1, 2008, as a poor person, and for the assignment of counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that on the court's own motion, the appeal is dismissed on the ground that the order is not appealable as of right or by permission (see CPLR 450.10, 450.15); and it is further,

ORDERED that the motion is denied as academic.

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

ENTER:

James Edward Pelzer

Clerk of the Court