People v Tavarez, Teofilo
Motion No: 2011-10359
Slip Opinion No: 2012 NY Slip Op 62088(U)
Decided on January 24, 2012
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

M131970

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2011-10359

The People, etc., respondent,

v Teofilo Tavarez, appellant.

(Ind. No. 96-01295)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated June 13, 2011, on the ground that the order is not appealable as of right or by permission. Separate motion by Teofilo Tavarez for leave to appeal to this Court from the order dated June 13, 2011.

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

ORDERED that the respondent's motion is granted and the appeal is dismissed (see CPL 450.15 and 460.15); and it is further,

ORDERED that the motion by Teofilo Tavarez is denied.

DILLON, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court