Appellate Division: Second Judicial Department

M163864

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2013-04606 The People, etc., respondent, v Victor Pulecio, appellant. (Ind. No. 89-00224)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to prosecute an appeal from an order of the County Court, Rockland County, dated April 2, 2013, as a poor person, and for the assignment of counsel. By order to show cause dated August 28, 2013, the appellant was directed to show cause before this Court, why an order should or should not be entered dismissing the appeal on the ground that the order is not appealable as of right or by permission, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's 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 (see CPL 450.10, 450.15); 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