Appellate Division: Second Judicial Department

M136935

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

LEONARD B. AUSTIN, JJ.

2011-00180 The People, etc., respondent, v Daniel Rodriguez, appellant. (Ind. No. 1821/06)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 25, 2007, as a poor person and for the assignment of counsel. By order to show cause dated March 12, 2012, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appeal was untimely taken, and the branches of the motion which were for leave to prosecute the appeal from the judgment rendered September 25, 2007, as a poor person and for the assignment of counsel were held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 460.10[1][a], 460.30); and it is further,

ORDERED that the branches of the motion which are for leave to prosecute the appeal as a poor person and for the assignment of counsel are denied as academic.

SKELOS, J.P., DICKERSON, ENG and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court