People v Henry, Anthony
Motion No: 2013-00807
Slip Opinion No: 2013 NY Slip Op 82779(U)
Decided on August 21, 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

M161043

E/sl

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

JEFFREY A. COHEN, JJ.

2013-00807

The People, etc., respondent,

v Anthony Henry, appellant.

(Ind. No. 8762/00)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated August 1, 2012, as a poor person, and for the assignment of counsel. By order to show cause dated June 27, 2013, the appellant was ordered to show cause before this Court, why an order should or should not be entered dismissing the appeal from the order on the grounds that the order is not appealable as of right or by permission.

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 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; CPLR 5511); and it is further,

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

DILLON, J.P., ANGIOLILLO, DICKERSON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court