People v Safran, David J.
Motion No: 2011-09469
Slip Opinion No: 2014 NY Slip Op 71155(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

M173510

E/ct

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-09469

The People, etc., respondent,

v David Safran, appellant.

(Ind. No. 388/11)

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, Suffolk County, rendered September 20, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition 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