People v Smith, Matthew
Motion No: 2013-09649
Slip Opinion No: 2014 NY Slip Op 62316(U)
Decided on January 28, 2014
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

M168695

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX, JJ.

2013-09649

The People, etc., respondent,

v Matthew Smith, appellant.

(Ind. No. 11-00164)

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the County Court, Orange County, dated August 27, 2013. By order to show cause dated November 27, 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 was not appealable as of right or by permission.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed (see CPL 450.10; 450.15).

ENG, P.J., RIVERA, LEVENTHAL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court