Appellate Division: Second Judicial Department

M139942

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2012-01791 The People, etc., respondent, v Tenisha Sanders, appellant. (Ind. No. 2563/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 3, 2012, as amended January 5, 2012, as a poor person, and for the assignment of counsel. By order to show cause dated May 10, 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 appellant's motion was held in abeyance in the interim.

Now, upon order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition 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 appellant's motion is denied as academic.

RIVERA, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court