Appellate Division: Second Judicial Department

M120002

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2011-01883, 2011-01884, 2011-01886 The People, etc., respondent, v Garrett Heidt, appellant. (Ind. No. 09-00868)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute appeals from a judgment of the County Court, Westchester County, rendered December 7, 2010, and two orders of the same court entered May 13, 2010, and December 6, 2010, respectively, as a poor person.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders entered May 13, 2010, and December 6, 2010 (Appellate Division Docket Nos. 2011-01884, 2011-01886), respectively, are dismissed as the orders are not appealable either as of right or by permission (see CPL 450.10; 450.15); and it is further,

ORDERED that the branch of the motion which is for poor person relief with respect to the appeals from the orders entered May 13, 2010, and December 6, 2010, respectively, is denied as academic; and it is further,

ORDERED that the branch of the motion which is for poor person relief with respect to the appeal from the judgment rendered December 7, 2010, is denied, with leave to renew upon proper papers, including the appellant's affidavit setting forth the amount and source of counsel fees paid to retained counsel at trial, and the amount and source of the bail money, and if bail was the appellant's own money, what happened to the same after conviction.

SKELOS, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court