| People of State of New York v England |
| Motion No: 2005-06282 |
| Slip Opinion No: 2010 NY Slip Op 79581(U) |
| Decided on August 13, 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. |
Appellate Division: Second Judicial Department
M106999
E/sl
JOSEPH COVELLO, J.P.
HOWARD MILLER
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2005-06282 People of State of New York, respondent, v Lionel England, appellant.
| 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 June 23, 2005, as a poor person and for the assignment of counsel. By order to show cause dated June 24, 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 appeal had been abandoned for failure to timely perfect the appeal, and the appellant's motion was held in abeyance in the interim.
Upon the 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, without costs or disbursements; 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.
COVELLO, J.P., MILLER, DICKERSON and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court