| People of State of New York v Cruz |
| Motion No: 2012-10197 |
| Slip Opinion No: 2013 NY Slip Op 78864(U) |
| Decided on July 3, 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
M158820
E/sl
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2012-10197 People of State of New York, respondent, v Oscar M. Cruz, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, in effect to be relieved on an appeal from an order of the County Court, Suffolk County, dated October, 15, 2012, on the ground that no appeal lies from an order entered upon the consent of an appealing party. By order to show cause dated May 10, 2013, as amended May 17, 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 no appeal lies from an order entered upon the consent of an appealing party (see CPLR 5511), and assigned counsel's motion was held in abeyance in the interim.
Upon the order to show cause and no papers having been filed in response thereto, and upon the papers filed in support of assigned counsel'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; and it is further,
ORDERED that assigned counsel's motion, in effect, to be relieved is granted.
SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court