| People v Tomassi, James |
| Motion No: 2012-02117 |
| Slip Opinion No: 2012 NY Slip Op 78836(U) |
| Decided on July 13, 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. |
Appellate Division: Second Judicial Department
M140136
E/ct
WILLIAM F. MASTRO, A.P.J.
THOMAS A. DICKERSON
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-02117 The People, etc., respondent, v James Tomassi, appellant. (Ind. No. 2544/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 28, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated May 16, 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 is held in abeyance in the interim.
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 no papers having been filed in relation or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted (see CPL 460.10[1][a], 460.30); and it is further,
ORDERED that the appellant's motion is denied as academic.
MASTRO, A.P.J., DICKERSON, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court