| People of State of New York v Espinal |
| Motion No: 2011-02082 |
| Slip Opinion No: 2013 NY Slip Op 94162(U) |
| Decided on December 13, 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
M166674
E/sl
PETER B. SKELOS, J.P.
MARK C. DILLON
THOMAS A. DICKERSON
LEONARD B. AUSTIN, JJ.
|
2011-02082 People of State of New York, respondent, v Leon Espinal, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel, in effect, to be relieved from representing the appellant on an appeal from an order of the County Court, Suffolk County, dated January 19, 2011. By order to show cause dated October 30, 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, and assigned counsel'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 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, without costs or disbursements (see CPLR 5511); and it is further,
ORDERED that assigned counsel's motion is granted and assigned counsel is relieved of the assignment.
SKELOS, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court