| People of State of New York v Thanhauser |
| Motion No: 2014-06674 |
| Slip Opinion No: 2015 NY Slip Op 66432(U) |
| Decided on March 10, 2015 |
| 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
M188755
T/ct
REINALDO E. RIVERA, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY, JJ.
|
2014-06674 People of State of New York, respondent, v James M. Thanhauser, appellant.
| DECISION & ORDER ON MOTION |
Motion by Robert C. Mitchell, counsel assigned to prosecute an appeal from an appeal from an order of the County Court, Suffolk County, dated June 18, 2014, in effect, to be relieved on the ground that no appeal lies from an order entered upon the consent of an appealing party. By order to show cause dated December 12, 2014, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that no appeal lies from an order entered upon the consent of an appealing party, and the motion by assigned counsel to be relieved 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 by assigned counsel and the papers filed in relation thereto it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed (see 22 NYCRR 670.8[f]); and it is further,
ORDERED that the motion by assigned counsel, in effect, to be relieved is granted.
RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court