People v Huie, Dwight
Motion No: 2009-04491
Slip Opinion No: 2010 NY Slip Op 64513(U)
Decided on March 1, 2010
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

M99218

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2009-04491

The People, etc., respondent,

v Dwight Huie, appellant.

(Ind. No. 00-1217)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the County Court, Westchester County, entered March 19, 2009, inter alia, on the ground that the order is not appealable as of right or by permission (see CPL 450.10, 450.15).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies as of right or by permission is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., FLORIO, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court