Appellate Division: Second Judicial Department

M95832

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-05133 The People, etc., respondent, v Aurelio Rosado, appellant. (Ind. No. 12797/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 18, 2009, as a poor person, and for the assignment of counsel. By order to show cause dated October 30, 2009, 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 notice of appeal was untimely and he had not sought leave to file a late notice of appeal (see CPL 460.10[1][a], 460.30), and because the appellant waived his right to appeal, and the appellant's motion was held in abeyance in the interim

Upon 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 opposition 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 appellant's motion is denied as academic.

DILLON, J.P., FLORIO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court