People of State of New York v Amaya
Motion No: 2011-01403
Slip Opinion No: 2012 NY Slip Op 65628(U)
Decided on February 29, 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

M133911

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-01403

People of State of New York, respondent,

v Jose Amaya, appellant.

DECISION & ORDER ON MOTION

Appeal by Jose Amaya from an order of the County Court, Suffolk County, dated September 19, 2011. By order to show cause dated January 6, 2012, the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the consent of the appealing party.

Now, upon the order to show cause, and the papers filed in response thereto, it is

ORDERED that the motion is granted and the appeal is dismissed (see CPLR 5511), without costs or disbursements.

RIVERA, J.P., LEVENTHAL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court