People v Magarine, Dennis
Motion No: 2010-03771
Slip Opinion No: 2010 NY Slip Op 84197(U)
Decided on October 5, 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

M109121

E/ct

STEVEN W. FISHER, J.P.

MARK C. DILLON

ANITA R. FLORIO

PLUMMER E. LOTT, JJ.

2010-03771

The People, etc., respondent,

v Dennis Magarine, appellant.

(Ind. No. 2653/77)

ORDER ON APPLICATION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 9, 2010.

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

ORDERED that on the court's own motion, the appeal is dismissed on the ground that the order dated April 9, 2010, is not appealable as of right or by permission (see Correction Law § 702; CPL 450.10, 450.15); and it is further,

ORDERED that the application is denied as academic.

FISHER, J.P., DILLON, FLORIO and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court