Appellate Division: Second Judicial Department

M184085

E/ct

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2014-02876 People of State of New York, respondent, v Joseph Costanzo, appellant.

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell, in effect, to be relieved as counsel for the appellant on an appeal from an order of the County Court, Suffolk County, dated February 26, 2014, on the ground that no appeal lies from an order entered upon the consent of an appealing party. By order to show cause dated October 21, 2014, the parties 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 no papers having been 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, in effect, to be relieved is granted.

RIVERA, J.P., SKELOS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court