People v Safran, David J.
Motion No: 2012-02010
Slip Opinion No: 2014 NY Slip Op 71154(U)
Decided on May 2, 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

M173511

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2012-02010

The People, etc., respondent,

v David J. Safran, appellant.

(Ind. No. 926/11)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated January 29, 2014, which determined an appeal from a judgment of the Supreme Court, Queens County, rendered November 17, 2011.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is dismissed for lack of jurisdiction as the appellant has made a prior application to a Judge of the Court of Appeals for leave to appeal to the Court of Appeals (see People v Nelson, 55 NY2d 743; People v McCarthy, 250 NY 358).

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court