Appellate Division: Second Judicial Department

M106428

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-01203 The People, etc., respondent, v Jehan Abdur-Raheem, appellant. (Ind. No. 649/76)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated November 10, 2009, as a poor person and for the assignment of counsel. By order to show cause dated May 11, 2010, 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 order dated November 10, 2009, is not appealable by right or by permission and the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was held in abeyance in the interim.

Upon the order to show cause and the papers 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 450.10, 450.15), without prejudice to bringing a proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the Supreme Court, Kings County, to issue an order sealing the subject records; and it is further,

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

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court