| People v Milton, Robert |
| Motion No: 2013-11056 |
| Slip Opinion No: 2014 NY Slip Op 71656(U) |
| Decided on May 8, 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. |
Appellate Division: Second Judicial Department
M173664
E/sl
RANDALL T. ENG, P.J.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2013-11056
The People, etc., respondent, v Robert Milton, appellant.
(Ind. No. 2929/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 24, 2013, as a poor person and for the assignment of counsel. By order to show cause dated March 11, 2014, 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 dated September 24, 2013, is not appealable either by 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 the papers filed in opposition and in relation thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see CPL 450.10; 450.15); and it is further,
ORDERED that the appellant's motion is denied as academic.
ENG, P.J., AUSTIN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court