| Matter of Heron v County Clerk, Goshen Town Court, Orang |
| Motion No: 2012-07112 |
| Slip Opinion No: 2012 NY Slip Op 89440(U) |
| Decided on November 2, 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
M145767
E/sl
DANIEL D. ANGIOLILLO, J.P.
RUTH C. BALKIN
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2012-07112 In the Matter of Michael Heron, appellant, v County Clerk, Goshen Town Court, Orange County, et al., respondents. (Index No. 3935/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from a judgment of the Supreme Court, Orange County, dated May 24, 2012, as a poor person and for the assignment of counsel. Cross motion by the respondent Orange County District Attorney to dismiss the appeal insofar as taken against it on the ground that it is not a proper party on the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the order is not appealable as of right (see CPLR 5701), and leave to appeal has not been granted; and it is further,
ORDERED that the motion and the cross motion are denied as academic.
ANGIOLILLO, J.P., BALKIN, LOTT and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court