Appellate Division: Second Judicial Department

M181640

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2008-11710, 2013-09975 The People, etc., respondent, v Jaad Sackey-El, appellant. (Ind. No. 08-00332)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from an order of the County Court, Orange County, dated September 12, 2013, to be an application for leave to appeal to this Court from that order, to consolidate that appeal with an appeal from a judgment of the same court rendered December 18, 2008, and to "settle[] the Appendix/Record" to include the papers and transcripts concerning both appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of motion which is to deem a notice of the appeal from the order dated September 12, 2013, to be an application for leave to appeal is denied without prejudice to making a motion for that relief; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated September 12, 2013 (Appellate Division Docket No. 2013-09975), is dismissed on the ground that no appeal lies as of right from that order (see CPL 450.10, 450.15), and leave to appeal has not been granted; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., CHAMBERS, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court