| People of State of New York v William Bell |
| Motion No: 2011-02482 SC |
| Slip Opinion No: 2011 NY Slip Op 86973(U) |
| Decided on October 17, 2011 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v William Bell, Appellant. |
Motion by appellant for leave to prosecute an appeal from an order of the District Court of Suffolk County, First District, entered September 8, 2011, as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is dismissed; and it is further,
ORDERED that appellant's motion is denied as academic.
No appeal lies from an order arising out of a criminal proceeding absent specific statutory authorization (see CPL 450.10, 450.15; People v Santos, 64 NY2d 702, 704 [1984]; People v Herrara, 171 AD2d 85, 87 [1991]). To the extent that the appeal may be civil in nature, no appeal can be taken as of right from an order unless the motion it decided was made upon notice (see UDCA 1702 [a] [2]). CPLR 2211 provides that "A motion on notice is made when a notice of the motion or an order to show cause is served." Here, appellant did not serve the motion giving rise to the order appealed from upon respondent or the Division of Criminal Justice Services.
ENTER:
Paul Kenny
Chief Clerk