People of State of New York v Mckinney
Motion No: 2014-02567
Slip Opinion No: 2014 NY Slip Op 87474(U)
Decided on October 23, 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

M178833

E/ct

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

BETSY BARROS, JJ.

2014-02567

People of State of New York, respondent,

v Melvyn McKinney, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with the transcript of the proceedings on an appeal from an order of the County Court, Suffolk County, dated February 25, 2014. By order to show cause dated August 28, 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 appellant did not oppose his adjudication pursuant to Corrections Law § 168-n, and, therefore, he is not aggrieved by the order dated February 25, 2014, 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 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 the appellant's motion is denied as academic.

CHAMBERS, J.P., SGROI, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court