| People of State of New York v Martinez |
| Motion No: 2012-08359 |
| Slip Opinion No: 2014 NY Slip Op 73265(U) |
| Decided on May 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. |
Appellate Division: Second Judicial Department
M174411
E/sl
L. PRISCILLA HALL, J.P.
SHERI S. ROMAN
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2012-08359 People of State of New York, respondent, v Ernesto Martinez, appellant.
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved on an appeal from an order of the County Court, Suffolk County, dated August 16, 2012. By order to show cause dated April 1, 2014, the parties or their attorneys were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the consent of the appealing party, and assigned counsel'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 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.
HALL, J.P., ROMAN, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court