Appellate Division: Second Judicial Department

M158832

E/sl

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2009-11361 People of State of New York, respondent, v Alex Rukasou, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from a purported order of the Supreme Court, Richmond County, dated November 12, 2009, as a poor person and for the assignment of counsel. By order to show cause dated May 3, 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 paper appealed from is not an appealable order issued in accordance with Correction Law § 168-n(3), and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and no papers having been filed in response thereto, and 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 the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, without prejudice to appealing from any proper order which complies with Correction Law § 168-n(3); and it is further,

ORDERED that the appellant's motion is denied as academic.

SKELOS, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court