Appellate Division: Second Judicial Department

M114518

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2010-10960 The People, etc., appellant, v Robert Del Col and Ted Doukas, respondent. (Ind. No. 313/10)

DECISION & ORDER ON MOTION

Motion by the People of the State of New York to dismiss a purported cross appeal by Robert Del Col from an order of the County Court, Nassau County, entered October 26, 2010. Separate motion by Robert Del Col to dismiss an appeal by the People of the State of New York from the order entered October 26, 2010, on the ground that it is frivolous, and to be furnished with a transcript of the grand jury proceedings.

Upon the papers filed in support of the motions, the papers filed in opposition to the motion by the People of the State of New York, and no papers having been filed in opposition or in relation to the motion by Robert Del Col, it is

ORDERED that the motion by the People of the State of New York is denied as unnecessary on the ground that the notice of cross appeal was never filed in the offices of the County Court, Nassau County, and, in any event, the order is not appealable by Robert Del Col as of right or by permission (see CPL 450.10, 450.15); and it is further,

ORDERED that the motion by Robert Del Col is denied.

MASTRO, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court