| People v Marte, Diony |
| Motion No: 2012-03357 |
| Slip Opinion No: 2012 NY Slip Op 81464(U) |
| Decided on August 14, 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
M142023
H/sl
RUTH C. BALKIN, J.P.
ARIEL E. BELEN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
|
2012-03357 The People, etc., respondent, v Diony Marte, appellant. (Ind. No. 10750/09)
| 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 September 13, 2011, as a poor person, and for the assignment of counsel. By order to show cause dated June 29, 2012, the parties or their attorneys were 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 notice of appeal is untimely, and the appellant's motion was held in abeyance in the interim.
Now, upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition 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.
BALKIN, J.P., BELEN, CHAMBERS and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court