Appellate Division: Second Judicial Department

M141070

E/nl

THOMAS A. DICKERSON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2008-09708, 2011-11194, 2012-04781 The People, etc., respondent, v Tony Canales, appellant. (Ind. No. 8406/07)

DECISION & ORDER ON MOTION

Motion by the appellant to consolidate appeals from a judgment of the Supreme Court, Kings County, rendered October 16, 2008, and an order of the same court dated November 4, 2011, with an appeal from an order of the same court dated April 16, 2012. Separate motion by the respondent to dismiss the appeal from the order dated April 16, 2012, on the ground that the order is not appealable by right or by permission. Application by the appellant to deem his motion to consolidate the appeals to be a proceeding pursuant to CPLR article 78 in the nature of prohibition.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the respondent's motion is granted, and the appeal from the order dated April 16, 2012, is dismissed (see CPL 450.15, 460.15); and it is further,

ORDERED that the appellant's motion is denied as academic; and it is further,

ORDERED that the application is denied.

DICKERSON, J.P., BELEN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court