People v Frazier, Arthur
Motion No: 2014-00574
Slip Opinion No: 2014 NY Slip Op 82730(U)
Decided on September 4, 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

M171704

E/sl

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-00574

The People, etc., respondent,

v Arthur Frazier, appellant.

(Ind. No. 6355/91)

DECISION & ORDER ON MOTION

Appeal by Arthur Frazier from an order of the Supreme Court, Queens County, dated December 9, 2013. By order to show cause dated February 3, 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 December 9, 2013, is not appealable as of right and leave to appeal has not been granted.

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), as the order is not appealable as of right and the appellant's application pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this Court from the order dated December 9, 2013, was denied by decision and order on application of this Court dated September 2, 2014.

ENG, P.J., MASTRO, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court