People v Koltun, Victor
Motion No: 2012-10638
Slip Opinion No: 2013 NY Slip Op 62831(U)
Decided on January 28, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M150355

E/ct

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

JOHN M. LEVENTHAL

SYLVIA HINDS-RADIX, JJ.

2012-10638

The People, etc., respondent,

v Victor Koltun, appellant.

(Ind. No. 10-00778)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Orange County, rendered November 15, 2012, as a poor person and for the assignment of counsel. Cross motion by the respondent to dismiss the appeal on the ground that the order is neither appealable as of right or by permission,

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the cross motion is granted, and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,

ORDERED that the motion is denied as academic.

DILLON, J.P., DICKERSON, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court