Appellate Division: Second Judicial Department

M163803

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-04926 The People, etc., respondent, v Tidjani Abdul Kadir, appellant. (Ind. No. 8457/92)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Kings County, dated March 7, 2013, as a poor person, and for the assignment of counsel. By order to show cause dated July 9, 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 is not appealable as of right (see CPL 450.10), and leave to appeal had not been granted, and the appellant's motion was held in abeyance in the interim. Thereafter, the appellant made an application for leave to appeal to this Court from the order dated March 7, 2013, which was denied by order on application of this Court dated August 30, 2013.,

Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and no papers having been filed in response to the order to show cause, it is

ORDERED that the appeal taken as of right is dismissed; and it is further,

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

RIVERA, J.P., SKELOS, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court