| People v Phillip, Kevin |
| Motion No: 2012-10242 |
| Slip Opinion No: 2013 NY Slip Op 73529(U) |
| Decided on May 10, 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. |
Appellate Division: Second Judicial Department
M156077
E/sl
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2012-10242 The People, etc., respondent, v Kevin Phillip, appellant. (Ind. No. 1912/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated October 24, 2012, as a poor person, and for the assignment of counsel. By order to show cause dated March 20, 2013, 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 order was neither appealable as of right or by permission, and the appellant's motion was 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 the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10, 450.15); and it is further,
ORDERED that the appellant's motion is denied as academic.
BALKIN, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court