| Matter of Rucano v Richmond County District Attorney |
| Motion No: 2013-03363 |
| Slip Opinion No: 2013 NY Slip Op 76118(U) |
| Decided on June 6, 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
M157483
E/ct
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
|
2013-03363 In the Matter of Anthony Rucano, appellant, v Richmond County District Attorney, etc., respondent.
(Index No. 80275/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to prosecute an appeal from an order of the Supreme Court, Richmond County, dated February 19, 2013, as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies as of right from a nonfinal order in a proceeding pursuant to CPLR article 78 (see CPLR 5701[b][1]) and leave to appeal has not been granted; and it is further,
ORDERED that the motion is denied as academic.
RIVERA, J.P., SKELOS, CHAMBERS and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court